H-1 for Canadian PR with J-1 issue

Submitted by Chief Editor on Sep 28th 2010

I am presently in Canada on Canadian PR (and have an indian passport). An employer in Indiana (from a hospitality background) is interested in hiring me. 1. They have no clue abt H1B visa. How do I proceed? 2. I was on J1 from 2000 to 2001. I do not have a waiver. Will this affect my application?

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ANSWER:

If you have neither complied with the J-1 home residency requirement, nor obtained a waiver, you cannot get an H-1. Make sure you are indeed subject to the 2-year HRR. You may not be - then an H-1 is a possibility. Go here to ask DOS for an advisory opinion: http://travel.state.gov/visa/temp/info/info_1288.html

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