Legal Question in Immigration Law in Ohio

If this is a cap-subject H-1B, it's too late for the FY 2010. If it's not a cap-subject H-1B, yes, you might be able to.

Make sure that you are not subject to 2-year home residency requirement under 212e (as a dependent of J-1 visa holder).

It's up to an employer to petition you for H-1B. You can't start the process of change of status by yourself - your future employer does.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and assist in matters of U.S. immigration law to clients from all States, as this is the matter of U.S. federal law.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice. This response doesn�t create an attorney-client relationship. If you request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a paid consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

First, you could work using an employment authorization card (EAD) in the meantime and apply for H-1B status on April 1st (but will not start until October 1st). For the EAD, you do not need employer sponsorship. However, for the H-1B petition, your employer must file the H-1B petition. The job position must pay the prevailing wage and must clearly require a Bachelor's degree or higher. Also, you can switch to H-1B only if you are not subject to the 2 year return home requirement (as shown on your U.S. entry visa).

Harold L. Hom

E-mail: [email protected]

Tel: 440-250-0400