I am a citizen of Canada and I am in the U.S. as a J-1 scholar subject to the 2-year home residency requirement. I have received a job offer from a university to sponsor me for cap-exempt H1B position. But I heard that I must first obtain a J-1 waiver or remain in my home country for two years to come back to the U.S. in H1B status. Do I have any options?

Answer

A person subject to a J-1 home residency requirement typically is not eligible to be granted a change of status to H1B or an H1B visa “stamp” from a consular post unless the individual first either completes the home residency requirement or obtains a waiver. Citizens of Canada, however, generally are exempt from applying for a visa. Therefore, you normally would be allowed to leave the U.S. and re-enter in H1B status based on an approved H1B petition, without having to obtain an H1B visa. This can be done, even though you haven’t met the home residency requirement or obtained a waiver. (11.Sep.2024)

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