H1 to O1 transfer

[docmed]

Hi all,
i have this query regrding the H1 to O visa transfer , pls see if
anyone of u may be able to help me with some info on this.i am a
foreign medical graduate from India and will be applying for a
surgery residency in the US. This residency is done on either J or
H1b visas and typically lasts for 5-6 yrs. i am aware that the max
time limit to which a H1 status may be extended is 6 yrs, so it
looks feasible and infact many ppl have already done their surgery
residencies on H1b visas.But the problem in my case is that i am
getting an offer to join in as a research assistant on H1b visa
prior to getting into the residency, and my estimate is that it wud
take me atleast 10-12 months on this research asst. position before i
may be able to join up with a residency. so, my query is that, if i
take up a H1 visa for a research spot now, then i wud not be able to
complete my surgery residency of 5-6yrs on the same H1 status. i
asked a friend for some guidance on this issue, and he told me that
their is this O visa category to which i may apply after my 6 yrs on
the H1b status have been exhausted and i can complete my residency
on this O visa. although, my frnd did suggest me this option, but he
confessed that he wasn't very sure abt this himslef. So, here i am
asking for suggestions from any and everyone who may know more that
us on this issue and who may be kind enuf to share the info.
any suggestion wud be deeply appreciated,
thanx for sparing ur time to go thru my query,
regards,
Kunal

[hadron]

Yes, it is possible to do a residency on O1. However, getting the O1 is not easy, particularly for physicians. I wouldn't want to bet on it.

[docmed]

thanx for replying. i get ur point but is there any other way that u might think out for my situation? like shud i let go the offer for research, or is there a way around? also do u know what happens say, if i complete 5 out of 6 yrs of my residency and then head of for one yr outside of US to clear off my H1 history, but then can i resume my residency for the 6th yr, or wud the residency be cancelled?

[hadron]

Do the research, make contacts, get yourself set up for the residency, maybe do a prelim surgery year at a good program. Then go home for 1 year and return to start on a 'fresh' H1b.

The limiting factor will be that you will have a hard time to find a program that does H1b for categorical surgery residents. It is a competitive specialty, they can just take the next US graduate who doesn't have visa issues. If you want to do surgery, you might have to swallow the J1 with all its entertainment.

[docmed]

Hey thanx again for the advice. i was wondering if someone, lucky enuf to get H1 surgery, gets into the sticky situation of expiring his max 6 yr limit on H1, so what chances according to u, does he hold to get say either an extension to his H1 status or apply for a GC while he is still into his residency? excuse my ignorance on the topic, ur advice this time may save any future embarrassment.
regards,
Kunal

[hadron]

> i was wondering if someone, lucky enuf to get H1 surgery,
> gets into the sticky situation of expiring his max 6 yr limit on H1,

If you dig a while back here in the forum, there are a couple of internists who ran into the problem. They had H4 time before they started the H1 residency, it is not so much different.

> so what chances according to u, does he hold to get say either an
> extension to his H1 status or apply for a GC while he is still into his residency?

check the older threads. You can get a 7th year extension if you have a green-card case pending.

> excuse my ignorance on the topic, ur advice this time may save
> any future embarrassment.

You are the opposite of ignorant. You are asking the right questions.


By the way: You can do your research on a J1 visa. As long as it is not for a 'physician' and as long as it is not sponsored by ECFMG (+ a couple of other tripwires), it doesn't carry a 'home resicency requirement'. So, people can do their research on J1 and switch to H1b for residency (with the full 6 years).