Applying for J-1 and H-1B at the same time

[Pashalik]

Greetings,

I am an Iranian student and have been graduated recently. I have applied for a start-up company in the US and already got a J-1 offer (up to DS-2019 and SEVIS number I got today -- all I need is to go to a US embassy).

Now I have two questions:

1- Since my country (Iran) is not listed in the skills list of 212e, I think I am not subject to two-years-rules of J-1. Does anybody know whether it is correct and sufficient?

2- and the most important question is:
My company is interested in my skills and wishes to file an H-1B application for me (which starts on October) now, while my J-1 is still pending and/or approved.
I am planned to be an intern from now till September and then become an employee from October. a re-enter to the US (with a H-1B) instead of COS doesn't matter to me.

They have told me that they will do this 2 months after the start of my J-1 internship process. What I want to know is, whether these 2 months are their preference or it is a law for this?
In the other words, is it legal that a company submits both a J-1 and a H-1B application for the same applicant at the same time? Or it has to be necessarily a certain amount of time later than the start of the internship?

FYI, my J-1 is an *intern* type, not trainee.

Thanks in advance for your help!

[mitjas]

Exact same situation

Hey Pashalik,

I'm in pretty much exactly the same situation over here and have the exact same two questions. Perhaps you are wiser one year later and can help me?

1) Were you really exempt from 212(e)? My country is also not on the skills set list and my previous J1 is not funded by a government.

2) I wish to start working in April 2014 but cannot get an H1-B before October 2014 duo to quotas. I am therefore also thinking about applying for both J1 and H1B at the same time and work on J1 until October. Did this work for you? Did you have both applications (J1 and H1B) going at the same time? Any complications regarding change of status?

Any info would be greatly appreciated. Thanks!

Mitja

[engineer34]

Same situation - what was your experience?

Hey guys,

I'm exactly in the same situation: Would like to work for a US company. We'll apply for the H-1B on April 1st. At the same time we would like to file an application for the J-1 and fill the time until October with an internship.

Did you guys do this and what was your experience? I'd be very grateful if you could share your experience, please!

Thanks!

[Robert Kennedy]

Does anyone have an answer to whether this is possible?

I have a company willing to sponsor me but they cannot wait until Oct 1st for me to start. I suggested I apply for a J1 now while they apply for a H1B at the same time, so I could start on J1 much sooner. Is this legal and has anyone done it?

I realise this only works if the two year home residency on J1 does not apply or is waived.

ANY advice on this much appreciated!