Can I still apply for my H1B Visa?

I’m Alma,

Currently hold a J- Visa Internship for 18 months which ends on February 2013, and my company wants to hire me with a H1B Visa, and they just told me Today, and can I still apply for this Year 2013? They don’t want me to leave the country, they want me to stay here working and do all the paper work over here. I’m from Mexico (but currentrly living in USA).


Alma :slight_smile:

I don’t think you can do a COS from J1 VISA as US Immigration Law requires a J1 VISA beneficiary to return to their Home country and reside there for 2 years.

Read more - [Two-year Home-country Physical Presence (Foreign Residence) Requirement](

However, there are some exceptions given where you could get waiver on this requirement - [Waiver of the Exchange Visitor Two-Year Home-Country Physical Presence Requirement](

You may check with your employer to know the waiver eligibility.