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J1 to H1B

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lakeeka

Junior Member
Hi i work for a research institution and am currently on a J1 visa (Croatian citizen) that expires in 2013. My employer just informed me that due to the nature of my job (patient contact) they have to switch me to H1B visa. They are going to start and process my application immediately. I was told I wont be allowed to travel while my application is pending and that it may take up to 6 months. I already have a couple of international trips planned that were booked before this issue arose. Is it really true that travel is not allowed while my H1B application is pending event though I have a valid visa stamp and valid DS 2019?

Also, if I were to change jobs eventually once I have my H1B, is the process of "transferring" to a new employer simpler than applying from scratch so to speak?
Thanks so muchWhat is the name of your state (only U.S. law)?
 


ImmigAttyLana

Senior Member
You can travel while it is pending but then it would not be considered a change of status petition because you would not be in the US to change the status. It would have to be done for consular processing, meaning that before you can start working in H-1B status, even once the H-1b visa petition is approved, you would have to go back to Croatia (or possibly you can consular process in Canada or Mexico if you are otherwise in valid status at that time) and get a H-1B visa in your passport and would have to enter the US with that visa in order to activate the H-1B status and start working for the employer in that status.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

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