Transfering from J1 to H2B visa

Monkey09 · 01-08-2013 1:09pm #1

Hi everyone,
I am currently in the US on a 12 month IWT visa. My visa expires at the end of January.

However, I would like to continue living in the US. I am working for a great company and I'm really happy here. My employers have offered to sponsor me for a visa.

The H1B isn't really an option for me as I would have to return home for about 8 months and then re-enter.

I am looking into the H2B visa. I know this is a visa for temporary work. I think this would probably be the best option for me.

Does anyone know if I can just adjust my status to H2B without returning home (that is, if my petition is approved of course!)

I'd love to hear from anyone who has a H2B visa and hear about their experience.

Thanks for reading!

Darren1o1 · 01-08-2013 1:33pm

H2b is typically for a temporary worker. If you qualify for a H1b (permanent need), then it is unlikely that you can get a h2B. I would guess they would have to prove they could not find anyone else with your qualifications for a particular job.

When did you graduate? If you are within 12 months of your graduation date (Typically November) you could renew your j1 for one more year, provided it is completed before that date.

Monkey09 · 01-08-2013 3:08pm

Darren1o1 wrote: »

H2b is typically for a temporary worker. If you qualify for a H1b (permanent need), then it is unlikely that you can get a h2B. I would guess they would have to prove they could not find anyone else with your qualifications for a particular job.

When did you graduate? If you are within 12 months of your graduation date (Typically November) you could renew your j1 for one more year, provided it is completed before that date.

Thanks for your reply. I was actually originally hired as a temporary worker for this position but was told that the position could last longer if it worked out. I am working in a new department of a company and they have a significant back-log which needs to be cleared.

I graduated last November so I am still within 12 months of graduating. However, I am not eligible for a second J1 visa as they recently changed the rules and are no longer allowing people to get a second J1 based on the same qualification.

I don't think I am fully eligible for a H1B as I only have a 3 year degree. I was hoping I could use this down-fall to my advantage when applying for the H2B.

Darren1o1 · 01-08-2013 3:32pm

Monkey09 wrote: »

Thanks for your reply. I was actually originally hired as a temporary worker for this position but was told that the position could last longer if it worked out. I am working in a new department of a company and they have a significant back-log which needs to be cleared.

I graduated last November so I am still within 12 months of graduating. However, I am not eligible for a second J1 visa as they recently changed the rules and are no longer allowing people to get a second J1 based on the same qualification.

I don't think I am fully eligible for a H1B as I only have a 3 year degree. I was hoping I could use this down-fall to my advantage when applying for the H2B.

It could still be valid. It depends on what you do. What is your position? Can you find it on the DOL prevailing wage list?

Best person to ask would be a lawyer however. Everything here is just opinion

Monkey09 · 01-08-2013 3:52pm

Darren1o1 wrote: »

It could still be valid. It depends on what you do. What is your position? Can you find it on the DOL prevailing wage list?

Best person to ask would be a lawyer however. Everything here is just opinion

Thanks again for your reply.

I am considering talking to an Attorney, but I read that it is not necessary to have one so I'm trying to learn as much about the process as possible.

I work in a company that assists healthcare providers to get the best quote for the supplies and equipment they need. I work in the Legal side of things (which has only recently been established so there is quite a significant back-log.) The company are also trying to improve the efficiency of the department and establish a good grounding for the future. I work mainly with contracts so I suppose my job could be best described as a Legal Assistant or Contracts Administrator. I assist another permanent employee with this work.

I just read about the DOL prevailing wage list today. Do you have any more info about it? Is there a separate one for each State? Is this a list of job titles that are accepted in a H2B petition?

Sorry about all the questions!

lil_lisa · 01-08-2013 4:37pm

When I transferred to the H1B, my company had a lawyer analyse my education and give the US equivalent. I'm sure if your company are willing to sponsor that your education should suffice for an H1B with the right analysis.

Monkey09 wrote: »

I graduated last November so I am still within 12 months of graduating. However, I am not eligible for a second J1 visa as they recently changed the rules and are no longer allowing people to get a second J1 based on the same qualification.

I didn't realise this, can you provide more information or a link from the US gov site?

Monkey09 · 01-08-2013 5:14pm

lil_lisa wrote: »

When I transferred to the H1B, my company had a lawyer analyse my education and give the US equivalent. I'm sure if your company are willing to sponsor that your education should suffice for an H1B with the right analysis.

I didn't realise this, can you provide more information or a link from the US gov site?

Thanks for your reply. The issue with the H1B is that I am not able to apply until April and then the visa is not activated until October. That would mean that I would have to leave the US for almost a year and then re-enter which is just so much hassle.

Unfortunately, I cannot provide a link. I contacted my sponsor (IIIC in Boston) and was informed that it would not be possible to do this because the rules had recently changed and the Embassy had now started rejecting people who were applying for the visa for a second time based on the same qualification. I then contacted the other visa sponsors and they all told me the same thing.

Monkey09 · 02-08-2013 1:23pm

Darren1o1 wrote: »

It could still be valid. It depends on what you do. What is your position? Can you find it on the DOL prevailing wage list?

Best person to ask would be a lawyer however. Everything here is just opinion

Hi Darren,
By any chance, would you have a link to the prevailing wage list? Is it just a list which states the minimum wage for each state or is it a list that specifies the appropriate wage for your job title?

The website I'm looking at is:
http://www.dol.gov/dol/topic/wages/

but I'm not sure if this is correct.

Darren1o1 · 02-08-2013 1:29pm

Monkey09 wrote: »

Hi Darren,
By any chance, would you have a link to the prevailing wage list? Is it just a list which states the minimum wage for each state or is it a list that specifies the appropriate wage for your job title?

The website I'm looking at is:
http://www.dol.gov/dol/topic/wages/

but I'm not sure if this is correct.

Try this http://www.flcdatacenter.com/

Monkey09 · 02-08-2013 2:00pm

Darren1o1 wrote: »

Try this http://www.flcdatacenter.com/

Thanks for the link. The wage I receive is slightly above the minimum requirement - Does that mean it'll be approved?

Darren1o1 · 02-08-2013 2:33pm

Monkey09 wrote: »

Thanks for the link. The wage I receive is slightly above the minimum requirement - Does that mean it'll be approved?

It is usually an indication of getting your Labor certification which is one of the first steps for H1b.

Monkey09 · 02-08-2013 10:31pm

Darren1o1 wrote: »

It is usually an indication of getting your Labor certification which is one of the first steps for H1b.

I just re-checked that link. It turns out that I am earning slightly below what the expected wage for a H-2B worker should earn.

I'm just wondering how strict these wages are. How would the U.S. Government know that I am earning under this amount?

Transfering from J1 to H2B visa

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