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?
J1 to H1B
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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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Aren't H1B being limited more in us too now?
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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.
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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
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Judge Says Canadian Physicians Are Eligible for H-1B Admission Regardless of the J-1 Two-Year Foreign Residency Requirement - Ulmer & Berne LLP
A federal judge in New York has ruled that Canadian physicians who are subject to the J-1 two-year foreign residency requirement may enter the United States in H-1B status, even though they have not spent two years in Canada or received a waiver of the requirement that they do so. The ...
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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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Correct. The 2 year requirement is for those on a J1 who do not work a waiver job (i.e. waiver/under served area/VA).
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.
Did you get an answer to your question? I'm curious as well.
