I am currently here on a J1 visa. Had a two year home residency requirement but got the waiver approved. I have applied for a H1B visa on 1 April 2008. Want to check if I am applicable to the H1 B cap.

Normally J-1 waivered physician is always exempt from the cap.. please verify with your attorney.

Quote:

---

Originally Posted by Rishi123

I am currently here on a J1 visa. Had a two year home residency requirement but got the waiver approved. I have applied for a H1B visa on 1 april 2008. Want to check if I am applicable to the H1 B cap.

---

Hi Rishi,

I am currently on J1 visa and on 2 yrs HRR. Please let me know the procedure you followed to get the waiver. That will be very helpful as I am also planning to apply for waiver. Please also explain the rectrictions , if any, once we get the waiver. I heard that once we apply for waiver we loose the J1 status also. Please clarify.

Thanks a lot,
Mamta

Hi mamta,

It will take about three months to get waivers from your home country and about five months for the whole procedure. You will need to go to the nearest Indian embassy and ask them the procedure for the waiver. You need to get approvals from three different departments in your home country. You basically need to get a NORI ( no obligation to return to India ).

You can apply for H1B as soon as you get a waiver. As far as what my attorney told me I was not applicable to the cap. PLEASE DOUBLE CHECK. He told me applicants who have 2 yr HRR are not applicable to the cap.
But in my case I applied in April and my case was considered under the cap.

You do not loose J1 Status till the last day of your training date unless you transfer to another type of visa during the period e.g. H1B or L1 etc.

Let me know if you need anything else

Hello, I am a J1 and want to transfer to a H1, but I don't know if I am applicable to the cap. I'm engineer. Can anybody answer me please?

Quote:

---

Originally Posted by bertarqtec

Hello, I am a J1 and want to transfer to a H1, but I don't know if I am applicable to the cap. I'm engineer. Can anybody answer me please?

---

The last post in this thread was about 3 years ago. If you have a question, you can post it as a new question. I'm sure you will get a response. Good luck.