Hi, I have a J1 visa and am a trainee with a Hotel. I want to change to a work visa like H1B but my J1 sponsor told me that I can’t change to H1B. Why is that? Do I need a J1 waiver? My paperwork says that I am not subject to the home residency requirement.
Regardless of what your paperwork reads (the J1 visa or the DS-2019), you may still be subject to the two year home residency requirement. However, if you are not subject then there is no restriction on applying to change your status to H1B or other visa type regardless of what your program sponsor tells you. Most program sponsors do not want people to change their status in the US because they believe, incorrectly, that they may lose their ability to sponsor J1s if too many J1 visa holders do not return to their home country.