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swiss-list: J1-2 transition to H-1

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swiss-list: J1-2 transition to H-1

From: <click for textversion of email address >
Date: Fri, 15 Aug 2003 19:24:19 -0500
X-Mailer: Perl SendMail Module 1.06

Carine

I think it is stiil fairly easy, but I advise you of the following issiues:

1) If you ever had governmental money (like stipends from Switzerland, NSF
etc) get a waiver from the 2-year home recruitment rule. You get this
through the embassy in Washington DC, but it takes a few weeks though.

2) Very Important: Do the transfer from J-1 to H-1 as long as you are at
the University. Academic institutions have it easier than companies. At the
University you are working for 'the good of people' and not for making a
profit (as if all companies are like Enron). This actually applies to any
kind of immigration process, from J-, H-, F-, O-visa to green cards.

3) Do it well ahead of time, it can take 4-6 months to complete the
process. Under all circumstances try to avoid running out of your J-1
coverage before you have the H-1 application granted. It could force you to
leave the US until your H-1 is approved.

4) Transfer of an existing H-1 from one employer (e.g. University) to the
next is fairly easy. You essentially can start working anytime for a
company. They have to apply for a transfer, but since you were already
granted once an H-1 you are allowed to work during the transfer period.
If the company applies for your H-1 while you are still at the university
under J-1 then you'll have a much tougher position to get the H-1 in the
first place and it is nerve wrecking, since it might take longer than you
think. That makes the timing for a move difficult as well as juggling your
current job, e.g. you tell your boss that you will leave but you do not
know when. Some supervisors have the tendency to loose all interest in you
as soon as you break the news, and this alone can make your life miserable,
let alone your job safety (if you are paid by them).

5) If an employer/company wants you they will put up the money for a lawyer
to do it. Estimated costs are $4000 to $6000 for a full application,
depending on your education, track record and how fast they want it done.
The BCIS takes bribes to push the application faster through the system. It
is officially called 'fast track' and costs (I think) $1000 extra, but you
get your application to the top of the pile rather than the bottom. Saves
about 1 month or so.

6) and finally as a general rule: never ever throw away anything with
relation to your visa or immigration status. I had to come up with
everything I had ever been granted during the last 6 years. Even all
expired IAP-66 etc. Not fun if you miss one thing....

My experience is 3 years back and it might have gotten a tad tougher but in
principle it is still fairly straight forward. My advice is to go to the
international office at Stanford and squeeze these people there, they
should know about the process.
If you have any more questions feel free to contact me.

Good luck

Michael P Rudolf, PhD.
Scientist II, Tumor Immunology
IDEC Pharmaceuticals Corp
3010 Science Park Road
San Diego, CA 92191-9080
Tel: 858-431-8481
Fax: 858-431-8715
e-mail: mrudolf_at_idecpharm.com

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Received on Fri Aug 15 2003 - 19:33:15 PDT

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