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A comment on I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA.

Re:I'm Peter Roberts, immigration attorney who does work for... by oceliker on Friday November 12, 2021 @02:16PM (#29203412)
Hi Peter, thank you for doing this! I am currently on an F-1 visa, waiting to switch to H-1B in January. I have a previous J-1 visa so I'm currently in the process of waiving the two-year-rule. When the waiver is approved, can I file a change of status, or do I have to leave the country to apply for the visa?
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Re:I'm Peter Roberts, immigration attorney who does work for... by onn_h1b1 on Friday November 12, 2021 @02:18PM (#29203427)
How is it possible to get a H1B in January?

Because H1B is only granted in October about 6 months after you apply for it before the April deadline.

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Re:I'm Peter Roberts, immigration attorney who does work for... by oceliker on Friday November 12, 2021 @02:22PM (#29203473)
Yes, my petition was approved starting October. But I'm finishing up my F-1 this semester, and will be starting the job in Jan.
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Re:I'm Peter Roberts, immigration attorney who does work for... by proberts on Friday November 12, 2021 @03:42PM (#29204289)
It depends on how the H-1B petition was filed. I suspect that it was filed not with a request for change of status but with a request for consular notification which means that after you get the waiver you will need to leave the US and apply for an H-1B visa at a US Consulate abroad.
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Re:I'm Peter Roberts, immigration attorney who does work for... by oceliker on Friday November 12, 2021 @04:38PM (#29204849)
Thank you so much! Yes, it is consular notification. Will try to get an appointment asap then.
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Re:I'm Peter Roberts, immigration attorney who does work for... by infinite_beam on Friday November 12, 2021 @02:24PM (#29203491)
unsure of this poster's situation, generally if your h1 is filed by not-for-profit orgs or academia,the h1s are not subject to the cap/lottery system and can be applied for anytime a legitimate job offer exists.
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