Switching visa categories?

Question

If someone enters the USA on a J-1 Exchange Visa they have to leave at the end of their trip (max 3 years I believe). If they find a job during this time and want to become a permanent resident in the USA how can they do it? Do they have to leave the country and apply for a new Visa or can they change their Visa category inside the USA?

Answer 1

They, J-1 Visa holders, must leave the country to apply for a new visa. However, if you have found a job and the if the employer is willing to sponsor you for H-1B visa, then it is not a problem. Sponsoring someone for a visa is a long burdensome and expensive endeavor for the employers. It has to deal with the immigration authorities as well as the Labor Departments. The person has to be really worthwhile for the employers to go to that length and costs. Anyway, if you have the sponsor ready, you have 2 choices. First and the safest is to leave the country and come back on a tourist visa or business tourist visa. Then, while in the US get the employer to sponsor you and change the status. But it has to be done within the tourist visa validity dates. Second option is to get all the relevant letters and affidavits from your employer, leave the country and apply directly for H-1B visa (working visa). This way may take longer, there may be more requirments depending on the case, and visa may be refused since the immigration officials' job is to limit immigration.

In your question, you seem to be saying that you think you can get a job and automatically become a permanent resident. It is not true. Employers can only sponsor you for a "working visa", from there, permanent resident's status is not far off, but still they are no the same thing. After you get the working visa, you have to comply with immigration regulations for several years, like always being employed and paying taxes, not being involved in felony crimes, etc. Eventually you can become a permanent resident. Thus, getting the working visa is the most crucial step and the most difficult. Employers are reluctant to go through all that administrative mess when they can hire someone as qualified but without those special needs. Also, sponsoring a foreign employee is not always successful, but always costly.

Good luck. Make sure you make yourself really worthy for the potential employers. Or perhaps you have an uncle who has a legitimate business here in the US.

Answer 2

First of all, J-1 have changed to a 5 year maximum for a scholar visa, not 3 year. You cannot change from a J-1 to Permanent Resident (unless you have very extenuating circumstances, and even then I think they'd say no). You can try to change your status from J-1 to H-1B and then to a permanent residency, however this will take a really long time and there is always a possibility of denial. Your best bet is to go home, get a job offer, apply for an H-1B and come back. Then deal with PR.

Keep in mind though that J-1s can be subject to the 2 year home residency requirement. If you are on certain J-1 (ie. scholar), you will be subject to the new 2 year bar (which is different from the 2 year home residency requirement). You'll need to talk to your immigration advisor for your J-1 program to find out the details.

Answer 3

Erdene wrote a very long, convincing answer. But it's wrong.

There ARE immigrant visas based on employment. And as long as you are still legal in the US, you can adjust status without leaving the country. Here is information about them.
http://www.travel.state.gov/visa/immigrants/types/types_1323.html

Answer 4

No. until there are very unusual circumstances alongside with a scientific emergency or compelling compassionate motives, that is not achieveable to swap from a customer visa into the different type.