J visa

[nshah1986]

Hi
I am on F1 visa using my opt for work right now , when i got the job H1b cap was over ,my OPT expire in mid feb 13,and my degree is not qualified for STEM, i researched a little bit ,and found out that J visa would be my best bet.
But also found out that India has 90% of rejection rate.
I would still have 60 days to leave us once opt expired , and my company is willing to file my h1b in 2013 but it does not get legitimate till oct 2013,
is there any other way to maintain work authorization beside J visa until H1b becomes active?

Thanks in advance .

[katta]

J1 is the only way for your case I know.
Know that J1 comes with 2yr residency and later you have to get wavier to file green card.

[nshah1986]

Hi
thanks your reply.
I get two residency even if i file h1b in april and change j to h1b.technically i would be using J visa for 8.5 months .

[katta]

five years ago I got my j1 through CP and they gave me two years residency so I have to get j1 wavier. I don't know if they give u 2yrs condition if you go for change of status. Can you complete your profile so we can give accurate suggestion.

[nshah1986]

All the option in profile are not related to me ,
cp means ?
I want to know how did got waiver?

[katta]

CP - Consular Processing
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/17867-all-technical-terms-on-immigration-from-action-items-for-everyone-board.htm

I assume you are from India.
This is my recollection from many years ago...
Go to Indian consulate website and download the J1 Wavier form and fill it up an send your passport and fee etc. You will receive few forms back.
Then get NOC (no objection certificate) from your state Home dept, central ministry of hr, and central ministry of foreign affairs ie passport office. get all this and send to Indian consulate in USA. Now your job is done and here what happens behind the scenes. Indian consulate will forward you application to Indian embassy in DC. Then your application will be sent to DHS and then to USCIS.
You will get a J1 wavier letter printed on security paper from USCIS. Lot of things can go wrong and it is not easy to get letters from India. there is 25% chance that your application will be lost or you will not get j1 wavier. I'm saying this from a pool of 25 J1 friends I know. Expect at least 6 months time to get j1 wavier after you submit everything to Indian consulate. All the Indian dept are suppose to send a copy to Indian consulate but they never do.

[nshah1986]

Thank you so much for valuable information.
so my first step is to do as you mentioned above and then apply for J visa.?

[nshah1986]

Thank you so much for valuable information.
so my first step is to do as you mentioned above and then apply for J visa.?

[katta]

If you get J1 visa with 2yr condition then you do that process to get J1 wavier.
Just to get J1 your company attorney will take care .