Confused resident on H1B

I

immigrant43

Registered Users (C)
Hi everybody,

I am new to this forum and quite illiterate regarding immigration details. However, went through at least 10 pages of previous threads.

I am in my last year of residency (PGY5) on H1b in Philadelphia and will start a one-yr fellowship on Jul 2006 to June 30, 2007. My 6-yr H1B will also expire on June 30, 2007. My wife is an H4 dependent.

My understanding is that I need to find a job in the coming few months and have a LC filed no later than June 30, 2006, in order to have the 365 day pendency period to be eligible for the 7th yr H1 extension. On the other hand, I realized from the past threads that I also need to be qualified for the job at the time the LC is filed, meaning not until the end of my residency (June 30, 2006). So, it looks like I need to file the LC exactly on this date, not a single day later or earlier. Any thoughts?

What happens if I cannot filethe LC on time, and say it is filed two monts later (e.g., Aug 30, 2006)? I won’t be eligible to start a job on H1b extension in July 2007, and my Hib will expire. Is there any way to avoid falling out of status? Can I apply for any other type of visa, such as F1, etc, for that gap period? In that case, can I go back on the 7th yr extension when the 365 day LC pendency period is reached?

What are my other options meanwhile? I have two yrs of post doc prior to residency with 3 recently published papers (prestigious journals but 2nd and 3rd author). I also have coauthored a book chapter. Not very strong CV in research I guess.

The other issue is the H1b cap. My understanding is that it will be an added and independent problem. I am currently not subject to cap, but the job I will be seeking in the coming months may well be subject to cap. Any suggestions? Probably I should limit my job search to educational institutions.

Lastly, is anybody familiar with this law firm? This was recommended to me. Any other suggestions in this area?

http://www.klaskolaw.com/

Thank you very much for anybody’s input.
 
OK, welcome on board.
I am finishing fellowship myself and am on H1B, so can somewhat understand.
Your CV might not be as weak as you think. Two articles and a book with good letters should do it. The law firm you listed esp Seltzer specializes on EB1 extraordinary ability. You might qualify for GC through that and if so might even qualify for O visa for while waiting for your GC. The rest of the stuff you are going to do (LC and job) is the safest though.
I don't know about change to F, that need nonimmigrant intent and if you have filed LC then i am not sure where you stand and I don't have the slightest clue about going from F to 7th yr H!
By the way if you are going to try the EB1 route try Stephen Jeffries (expensive) and mdgreencard.com too.

I am currently struggling with the gap issue myself. Been told that you are exempt if employed at nonprofit that is affiliated to university. The catch word in here is "employed at" rather "by", so some have got exemptions by joining private groups that work out of teaching hospitals. The jury is still out on how successful this plan might be.
ANYONE?
 
One workaround is to have the group file for you as 'physician general practice' with 2 years of graduate medical education and a valid medical license as job requirement. This could be filed anytime after PGY-2. (the downside is that there is a potential for some low-life bottom-feeder dropped out of residency local insurance physical doc to apply on the ads making it difficult for the group to certify that there was no citizen available). Filing LCs is not rocket science, it would be possible to file a 'GP' LC now, and a 'physician internist' later.

And then there are the options already alluded to, the EB-1 EA, OR or NIWs of various flavors.
 
hadron said:
One workaround is to have the group file for you as 'physician general practice' with 2 years of graduate medical education and a valid medical license as job requirement. This could be filed anytime after PGY-2.

Filing LCs is not rocket science, it would be possible to file a 'GP' LC now, and a 'physician internist' later.
Click to expand...

Thank you very much I612 and Hadron for your inputs.

So, filing a LC does not obligate me to pursue that particular employment?

Once I have the job offer, how long does it usually take for a lawyer to file the LC. I guess I am trying to understand how much time I have in my job search.

Thanks again
 
Last edited by a moderator:
So, filing a LC does not obligate you to pursue that particular employment?
Click to expand...

It doesn't. Adjusting status based on a labor cert obliges you to start working for the sponsoring employer with the intent to work there 'permanently' (permanence in the eyes of USCIS is a period exceeding 90 days).

I believe the LC you use for a H1b extension has to be in the same line of business. So, getting a LC filed for 'assistant manager car-wash' might not go over so well when extending your H1b for 'physician pulmonologist'....
 
Klaskowlaw

Klaskow Law
my experience with them was through my employer in PA, I unfortunately had to leave PA as they were unable to get me a waiver.
I had been on an O-1 at that institution for 3 years and they could not find a way to get me a waiver although I was in a rural area.
Now I have to preface, I am a subspecialist and the area I was in was rural but had a very large hospital.
I am unsure if Klaskowlaw did not find a way or if my employer was not ready to work with them to find a way.

In short, Neutral experience but I was not impressed!
 
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