Legal Question in Immigration Law in California

hello, i am actually on a j1 visa with an hotel and this one expire march 31st so end of the month

i have another hotel who wanna sponsor me for an h3 for right after my j1 end

if they apply before my j1 end am i gonna be able to go train with them april 1st ?

do i have to go back to my home country before to be able to start train with them ?

i cant go back because if they apply i have to send my passport i think

if i wanna quit my employer (the one with who i have the j1 visa) can i do it and go train with the new company if they apply before i quit ?

thank you for your help i really appreciate it

best regard


Asked on 3/11/10, 9:18 pm

1 Answer from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

You don't send your original passport when you change status. Whether you qualify to change status or not, you could not begin on April 1. You'd have to wait until change of status is approved. To get an H-3 visa, you'd have to leave the U.S. to apply for the visa abroad, either in your home country or a third country. Having the visa is not necessary if change of status is possible, but upon departure, it's required to re-enter the U.S.

The above is general information only, not legal advice and it doesn't form an attorney client relationship. For further information, feel free to contact me at [email protected] or 818 609 1953.

Sincerely,

Alice M. Yardum-Hunter, Attorney at Law

Certified Specialist, Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

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Answered on 3/17/10, 12:38 pm


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