sarahslp said:
Hi Friends ,
I am a FMG with a valid h4 till feb 2007.I got a prematch and am now planning to change from h4 to j1 as we will be returnig to our home country after my residency Can someone please guide me with regard to whether I can do it on my own or will I Need a lawyer ?? Please suggest what I need to ensure the approval. . Also what do I write in I-539 where it asks how long I want to extend/change my status??1yr or 3yrs??
.Thank in advance.-
Why change from H4 to J1? Is that not retrogressive? I understand that you are now planning to return to your home country after your residency, but things might change over the next 3 - 4 years. You might develop new interests and decide to pursue a fellowship after your residency, for instance. Or you might branch off into a new emerging research area that you are not aware of right now. Is it not better to keep all your options open?
A lawyer once told me that J-1 visas are strictly non-immigrant visas (i.e. you are telling the U.S. govt that I'm definitely planning to leave your country upon expiry of my visa). On the other hand, H-visas are "dual intention" visas (i.e. you are making a statement that you are keeping your options open - might return or might stay). To go from H-4 to J-1 is a closing of doors. In today's unpredictable world, people ought not to be closing doors behind them.
Why not go for a hospital-sponsored H-1 (or even a green card)? If your mind is the same after the residency (which is unlikely, believe me!) then you lose nothing by winding up your H-1 and going home. If something else turns up, you will be well placed to take advantage of it. Best of all, if you will have a green card, you could still return home and then apply for a research grant from NIH (as a U.S. permanent resident) which will enhance your post-residency career as well as your clout and prestige in your home institution. You would then come to the U.S. from time to time to meet up with collaborating scientists, to teach or speak, to mentor other trainees from your country, etc... while maintaining your green card benefits. In the ideal situation where your country permits dual citizenship, you could aim for U.S. citizenship within 5 years of getting the green card, and then you would have unfettered access to clinical research & training grants from Fogarty Center, CDC, foundations, etc...
Look... all I'm saying is that you think this through very clearly, and that you admit that the residency is also a time of self-discovery when some new professional interests will arise and some old ones will fall by the wayside such that you cannot predict exactly how you will feel 3-4 years from now. In such a scenario, keeping one's options open seems sensible to me. Hope this helps!
The Wading Bird
