I need your opinion regarding my situation: I came to us on 2006 on J1 visa. On 2006-2008 (2 years), I had been on J1 status which imposed mandatory 2-yr home country residency requirement. Later on, I got waiver for that on the basis of "exceptional hardship". Now, I have a academic job offer (US government funded project,research scholar for 2-yr contract) and open to J1 or H1B.

  1. How many maximum years I can be on J1?
  2. If I go for J1, does it again impose "2-yr home country residency requirement"? Is there any way to know that before I start the job with J1 status?
  3. In tax purpose, which one is good (just to inform I am a tax resident)?
  4. Overall, which one you suggest me to go for?
  • What does your prospective employer say about this besides that they are open to H1B or J1?
    – dearN
    Mar 30, 2015 at 8:17

1 Answer 1


In general, the H1B is much more preferable because you can apply for permanent residency through it.

The disadvantage to the H1B are:

  1. More expensive (H1B usually requires extensive legal assistance)
  2. Much more paperwork and takes more time (especially on the part of the company, which may not want to go to this trouble)
  3. Quota/caps on numbers granted (quotas based on particular countries/regions and occupational categories)

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