Apply for H-1B while J-1 is still valid?

[qsp]

I'm currently working at a university on J-1 visa which is valid for 2 more years.

I intend to find a H-1B job in one year, while still keeping the current job as a backup plan. On October next year, if my H-1B application is approved, I will quit the current job, and change to the H-1B job.

So October next year, if my H-1B application is approved, I will quit the university and work for the company. On the other hand, if it is not approved, I will continue to work for the university for 1 more year.

I wonder if it is legal to do that? Thank you.

[kabkaba]

Yes, that can certainly be done. If you are subject to two year home country residency requirement, you will need to obtain a waiver first. Also note that cap-subject H1B petition will have to be filed on Apr 1, which means preparations must begin in March. So you must have a valid job offer by early March and the employer must be willing to accept that you will join in October.