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J1 Visa to H1B Visa

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  • J1 Visa to H1B Visa

    Hi there,

    So asking for a friend whose situation is a bit unusual (or so it seems):
    • He had J1 Visa for medical residency and fellowship for several years
    • He got offered a job in a hospital in an underserved area so applied for a waiver and H1B accordingly in 2019/2020
    • His J1 waiver request got denied towards the end of 2020 (not at the State level)
    • He appealed the denial through a lawyer and the appeal is in process
    • He has been told by the lawyer and the corresponding visa "folks" that he can (legally) stay in the US while waiting for the appeal verdict
    So in summary: his J1 Visa has expired (and DS form) and his H1B is pending depending on the decision on the J1 Waiver appeal.

    The question is: would he be deemed as a (temporary) resident of the United States so that he can for example apply for a Work Permit to Canada from within the United States? That is would the Canadian embassy (and any other embassy) in the United States consider him to be a resident of the United States considering his current status of pending H1B?

    Note: he tried to contact the Canadian Consulate and Visa offices but they are not taking visa-related inquiries from non-Canadian citizens.