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Hi Peter, thank you for doing this! I am currently on an F-1 visa, waiting to switch to H-1B in January. I have a previous J-1 visa so I'm currently in the process of waiving the two-year-rule. When the waiver is approved, can I file a change of status, or do I have to leave the country to apply for the visa?

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How is it possible to get a H1B in January?

Because H1B is only granted in October about 6 months after you apply for it before the April deadline.

Yes, my petition was approved starting October. But I'm finishing up my F-1 this semester, and will be starting the job in Jan.

It depends on how the H-1B petition was filed. I suspect that it was filed not with a request for change of status but with a request for consular notification which means that after you get the waiver you will need to leave the US and apply for an H-1B visa at a US Consulate abroad.

Thank you so much! Yes, it is consular notification. Will try to get an appointment asap then.

unsure of this poster's situation, generally if your h1 is filed by not-for-profit orgs or academia,the h1s are not subject to the cap/lottery system and can be applied for anytime a legitimate job offer exists.

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