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J1 to H1B

tombola

New Member
Nov 18, 2019
8
5
36
  1. Resident [Any Field]
Posting for a friend. Any Canadians currently on a J1 for US residency and are considering staying in the US afterwards? Have heard that as a Canadian citizen that I can get sponsored for a H1B job, even with a J1. I would have to fulfill the J1 home country requirement at a later date. Is there any truth to this?
 

s5260205

Full Member
10+ Year Member
Apr 5, 2010
636
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You get sponsored H1b when you start your J1 waiver job. No way to bypass J1 requirement even if you get married to US citizen since your green card application would not be approved without J1 requirement first being fulfilled.
 
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AnesthAnon

Full Member
7+ Year Member
Jan 24, 2013
16
8
186
  1. Attending Physician
Posting for a friend. Any Canadians currently on a J1 for US residency and are considering staying in the US afterwards? Have heard that as a Canadian citizen that I can get sponsored for a H1B job, even with a J1. I would have to fulfill the J1 home country requirement at a later date. Is there any truth to this?

Yes. You can 'delay' the 2 year home country requirement. Once you finish your training, your employer can sponsor you for a H1b, thus allowing you to work.

You have to renew your h1b every 3 years, you can only renew it once, giving you a total of 6 years to work before having to fulfill the J1 requirement by leaving the US. Most academic institutions have immigration lawyers that can guide you through this process, it is fairly easy and common.
 
Last edited:

tombola

New Member
Nov 18, 2019
8
5
36
  1. Resident [Any Field]
Yes. You can 'delay' the 2 year home country requirement. Once you finish your training, your employer can sponsor you for a H1b, thus allowing you to work.

You have to renew your h1b every 3 years, you can only renew it once, giving you a total of 6 years to work before having to fulfill the J1 requirement by leaving the US. Most academic institutions have immigration lawyers that can guide you through this process, it is fairly easy and common.

Thank you! This is what I had heard about but was unsure. I had heard that this is limited to NY state, but I don't think that makes sense? Also, is the person on the H1B able to return to Canada during this time? I did read about that case from last year where the doc was prevented from entering at the border.
 

lessismore123

Full Member
Apr 19, 2020
12
15
11
Thank you! This is what I had heard about but was unsure. I had heard that this is limited to NY state, but I don't think that makes sense? Also, is the person on the H1B able to return to Canada during this time? I did read about that case from last year where the doc was prevented from entering at the border.
 
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Fatalis

Full Member
7+ Year Member
Jan 14, 2012
679
590
216
  1. Attending Physician
I have never heard of the 2 year requirement after getting a H1B visa. My immigration lawyer told me that after I do service in an under served area for 3 years under a h1b I can apply for a green card (if I want to work in the meantime the employer would sponsor me for another h1b)
 
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Reactions: 1 user

smjsmj

Full Member
5+ Year Member
Oct 19, 2014
11
2
126
Just to piggyback here - has anyone who has done a Conrad waiver stayed less than the 3 years? We have considered a waiver job in case canadian eligibility doesn't go through but may choose to return to canada after 1 year working on H1B.
 
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