Legal Question in Immigration Law in Massachusetts

Mladen,

For any US employer offer you a job and a work visa, they will have to petition for you with the USCIS/DHS. You can't apply by yourself - an employer has to petition. If they don;t want or can't petition, you can't stay and work after expiration of your Summer Work-Travel J1 visa program.

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You should look carefully at your J-1 Visa stamp in your passport. If the stamp indicates you are subject to 212(e), it will effect your long term plans as you would need to reside in your home country for 2 years before adjusting status or changing status to an H-1B or an L. Or you can apply for a waiver of that 2 year time frame. If you are not subject then your case is a bit easier to handle.

Almost all employer visas are generated by the employer. Many times the employer must recruit for the position to ensure that no U.S. workers are displaced. This recruitment takes several months and, in conjunction with your visas expiration date, may provide for a timing issue. You cannot change status if you are not in status. Therefore all recruitment or filings must be done while you are in status.

Prior to doing anything, please retain counsel to advise you and your employer.