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I work as a postdoc on a J1 visa. I have been granted a J1 waiver based on NOS. My J1 visa expires in three months. I will be applying for H1B visa next week (normal processing time). My question is can I continue to work for the university if H1B is pending? Thanks

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My question is can I continue to work for the university if H1B is pending?

No.

You can only continue working while a H1b application is pending while you're applying for extension, and still working for the same employee. You cannot work while your first application is pending.

If you don't get the approval before the J1 status (not visa!) expires, you'll have a gap in your employment authorization and would need to take a leave of absence.

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  • Thanks. I am not sure what do mean by applying for extension. I am working for the same employer. There is funding for one more year after J1 status expiry date. I just received J1 waiver. I am applying for H1B visa next week since I cant extend J1. Since it's normal processing for H1B, my J1 status will likely expire before my H1B gets approved. Will I be able to continue working for the same employer in case I don't get H1B approved (is pending) and J1 status expires?
    – Ahsk
    Commented May 17 at 18:44
  • Extension means... Extending. That's not what you're doing. You're applying for a new status, not extending existing
    – littleadv
    Commented May 17 at 18:45
  • Okay, that means I need to have a valid H1b status by the time J1 visa expires, is that right?
    – Ahsk
    Commented May 17 at 18:48
  • That, or take a vacation while you wait
    – littleadv
    Commented May 17 at 19:47
  • I don't want to leave the country. J1 grace period is only 30 days.
    – Ahsk
    Commented May 17 at 20:10

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