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 J1 to H1 risk evaluation  

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I am J1 visitor working at research institution and doing my USMLE. My employer is willing to file H1 visa for me, but I can not gather all appropriate documents before end of this month. My boss told me that they will file H1 petition for me, and if it won't be approved, they will still continue my J1 until next year. But they told me that if we try to file H1 petition and it won't be approved for any reason, they are afraid whether US consulate will not give me a visa even for my extended J1 status, when they see that I have applied for H1, which was not approved. Is there a risk of US consulate not giving me a visa for my J1 extension, if they found out that I tried to apply for H1 and it was not approved for any reason. Am I too close to H1 deadline not to take that risk, and will it be better if I stay on J1 for now and try to submit H1 petition for next year as early as possible?

thank you



If you are working in a not for profit/higher education institution (which I assume you should be), there are no deadlines for h1 filing as your h1 will not fall under quota limits. Now if you are working for an industry research lab, you will have to manage deadlines. Now the risk you are talking about, though theoractically true, is a rare possibility. The only problem is, if you have already attained J1 waiver (if required), you can not get an extension for j1 any more. I would not worry about the possible risks as most probably you will be approved, considering you will have appropriate training and exp for the said job.


Thank you very much. I have current J1 from non-profit foundation and the people who are going to file H1 petetion are part of this foundation but separate for profit research facility. So, I will deal with the same people, but with different status. So, they told me that they will file H1 visa, but if it won't be approved for any reason, they will extend J1 for 3rd year. I have not had any waiver or something, as my J1 did not have any requirement from its begninning 2 years ago. This is my research job, and I am doing my USMLE's and then go to residency.

So, another question I have is how likely is that I will have more chances to get into good residency program with H1 or J1. I am trying to find out which one will be better for me to do, either stay on J1 and then apply for H1 for my residency, or have H1 now and go to residency with my H1. (I know both possibilities are difficult, but I am not talking about those difficulties).

Let's say my employer will file H1 petition for me. I told them that I will pay attorney and application fees, but is there any sort of sponsorship fees that employer should pay to the USCIS for H1 sponsorship beyond these attorney and application fees? and where can I find information about that?

Third question: how easy will be for me to change the employer, like as if I find better offer some time later and would want to go there? If that happens it will be anothe for-profit company.. So, is H1 transferable any time, or should I wait for deadlines, or I can do that only once a year?

Thank you very much, you guys are great....

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