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I have got a postdoctoral position in a hospital in the Bay area. I have been given a DS2019 (J1 approval) form from my recruiter. Even though the form doesn't mention any clause but, from various forums & by talking to a couple of friends, looks like I will be subject to the HRR clause. Currently I am on a H4 and am planning to stay a little longer in this country as my husband is on a H1 and I don't want to get tied by the HRR. I know we can file a waiver after getting the J1, but not sure what is the possibility of rejection of the same.
My recruiter is fine with doing a H1 (under the non-profitable organization clause). This particular clause is exempt from the regular 65,000 visas per year cap.
Now, here are my queries.
1. What is the possibility of getting a waiver on the HRR if a J1 is stamped?
2. If this H1 process is started under the normal or expedite process, how much time does it take to get the H1 approval (in both cases)?
3. Would it be safe to file for a fresh H1 visa or get my H4 (my current visa status) status trandfered to H1. In case a change of status is filed, is there any extra formality / fee added? Also, will I get the I-94 stamped with my approval notice?
4. When I get the approval for the H1, will be able to start work immidiately or will I have to wait till Oct'08 (as would be the case for a regular H1)?
Would really appreciate suggestions/advice for my situation. I am planning to hire a lawyer but wanted to do some ground work before that. Thanks in advance!
My recruiter is fine with doing a H1 (under the non-profitable organization clause). This particular clause is exempt from the regular 65,000 visas per year cap.
Now, here are my queries.
1. What is the possibility of getting a waiver on the HRR if a J1 is stamped?
2. If this H1 process is started under the normal or expedite process, how much time does it take to get the H1 approval (in both cases)?
3. Would it be safe to file for a fresh H1 visa or get my H4 (my current visa status) status trandfered to H1. In case a change of status is filed, is there any extra formality / fee added? Also, will I get the I-94 stamped with my approval notice?
4. When I get the approval for the H1, will be able to start work immidiately or will I have to wait till Oct'08 (as would be the case for a regular H1)?
Would really appreciate suggestions/advice for my situation. I am planning to hire a lawyer but wanted to do some ground work before that. Thanks in advance!
