Dilemma - help regarding H1B/ J1

B

betrhalf

New Member
Hi all,

I am currently doing my residency on H1B visa and really want to get a 3 year fellowship done at the end of it. So by the end of my fellowship I will have run out of my 6 yrs of H1B. From some of the previous threads that I have read, it appears that if one has a job in line, one can get an EAD by the time he/ she joins the job and subsequently apply for adjustment. Is that a fair understanding? Please do correct me if I am wrong.

Alternatively, can I change to a J1 to do a fellowship? That will give me some time to apply for my GC and in generally more fellowship programs offer J1. But then again I will have to jump through J1 hoops.

To complicate matters even further, I have been offered a Chief Residency spot - which is really tempting as it makes a huge difference in fellowship applications. But then again if I take that, J1 will be the only alternative left for me as I will be entering a fellowship with only 2 years of H1B remaining. Then again I have to tackle the waiver issue.

Would really appreciate if anyone can shed any light/ offer any perspective in this matter. What seems like a fair option for me at this stage? Also, am I missing anything in this? Is there any way I can start a GC application- perhaps get EAD- before I join the fellowship? (I have a PhD from the US and a few publications - I can get at least a few more in the next couple of years.)

Thank you very much.
Betrhalf
 
betrhalf said:
Hi all,

I am currently doing my residency on H1B visa and really want to get a 3 year fellowship done at the end of it. So by the end of my fellowship I will have run out of my 6 yrs of H1B. From some of the previous threads that I have read, it appears that if one has a job in line, one can get an EAD by the time he/ she joins the job and subsequently apply for adjustment. Is that a fair understanding? Please do correct me if I am wrong.

Alternatively, can I change to a J1 to do a fellowship? That will give me some time to apply for my GC and in generally more fellowship programs offer J1. But then again I will have to jump through J1 hoops.

To complicate matters even further, I have been offered a Chief Residency spot - which is really tempting as it makes a huge difference in fellowship applications. But then again if I take that, J1 will be the only alternative left for me as I will be entering a fellowship with only 2 years of H1B remaining. Then again I have to tackle the waiver issue.

Would really appreciate if anyone can shed any light/ offer any perspective in this matter. What seems like a fair option for me at this stage? Also, am I missing anything in this? Is there any way I can start a GC application- perhaps get EAD- before I join the fellowship? (I have a PhD from the US and a few publications - I can get at least a few more in the next couple of years.)

Thank you very much.
Betrhalf
Click to expand...

Few things...

1) I would not recommend J1 option
2) I'm assuming you're in your 3rd year of residency... If so, you can get a full license based on the State you're considering and find a job and start GC process immediately. Once it is approved, you can join the employer later. You might have to delay fellowship by six months while you're working for the employer.
3) The best option for you would be start EB1 process. This is self petition and once it is approved, there is no restrictions where and what you do.
 
betrhalf said:
Hi all,

I am currently doing my residency on H1B visa and really want to get a 3 year fellowship done at the end of it. So by the end of my fellowship I will have run out of my 6 yrs of H1B. From some of the previous threads that I have read, it appears that if one has a job in line, one can get an EAD by the time he/ she joins the job and subsequently apply for adjustment. Is that a fair understanding? Please do correct me if I am wrong.

Alternatively, can I change to a J1 to do a fellowship? That will give me some time to apply for my GC and in generally more fellowship programs offer J1. But then again I will have to jump through J1 hoops.

To complicate matters even further, I have been offered a Chief Residency spot - which is really tempting as it makes a huge difference in fellowship applications. But then again if I take that, J1 will be the only alternative left for me as I will be entering a fellowship with only 2 years of H1B remaining. Then again I have to tackle the waiver issue.

Would really appreciate if anyone can shed any light/ offer any perspective in this matter. What seems like a fair option for me at this stage? Also, am I missing anything in this? Is there any way I can start a GC application- perhaps get EAD- before I join the fellowship? (I have a PhD from the US and a few publications - I can get at least a few more in the next couple of years.)

Thank you very much.
Betrhalf
Click to expand...

This is a very common scenario for those on H and want to extend it for year. Nothing called EAD from H, you can check all categories for EAD under the instruction for form I765 from the www.uscis.gov
Your options are:
1- Apply for job before the end of your H to sponsor you GC and sacrifice your fellow partially or compleely.
2- Apply for NIW or EB1 self petition GC and get EAD to continue your fellow.
3- try to convince your fellow program to sponsor you O visa to finish the fellow and join employer after that on O.
4- Wait for others' input, they may have another better options
5- Under any circumstances do not convert to J.
 
Thank you so much for your inputs m_img and mmed. Really appreciate it.

m_img: I am a PGY2 and I will have to wait another year to be eligible for the boards. Thanks for your advice. You do mention the fellowship being delayed by 6 months- I am a little confused about the 6 months calculation. According to your option (2), are you suggesting that I get an employer to sponsor my GC 6 months before I join the job and then once I finish my residency I work for the employer till I get the GC before joining the fellowship? In case that is it, does it only take about 1 year to get a GC sponsored by a hospital – I was under the impression it was longer. Will definitely appreciate further clarifications.

mmed: I was not very clear in my post: when I said a job lined up and have an EAD, I meant have the future job sponsor my GC 6 months before I join the job. Thank you so much for the link though. It seems that you were on a J1 and you really appreciate it if you can share your experience or provide a link to a previous post where you discuss issues that you may have had to face. The reason I ask is because I just spoke to an acquaintance that did his residency and fellowship and is currently doing a waiver job is a nice small city and is happy. He seems to think there is no problem with accepting a J1. Considering that the majority advises against J1, I am inclined to think that he’s an exception. Would appreciate it if you could tell a little more on the pitfalls of J1.


One of the main reasons I was contemplating a J1 was because there are more fellowship programs offering a J1 rather than H1B but I guess a GC is a much better way to go for a fellowship. However, will I be at a lot of disadvantage if I apply for fellowships a couple of years after finishing my residency and not immediately after?

EB1 self petitioning is definitely an option – though I do not know if I have enough qualifications for it – I definitely do not have as much in my CV as basic scientists on this forum have – are the criteria for physicians as stringent? I do have a PhD from the US but do not have as many papers and since joining the residency I have not been able to publish. Also any idea how long it would take for an applicant of EB1 to get his GC? Will it be possible to join a 3 year fellowship with 2 years of H1B, and then self petition EB1 (by which time I will have more papers etc) hoping that it will come through and I can continue the final year of fellowship?

Looking forward to any inputs/ advice I can get on this board.

Thanks a ton.
 
betrhalf said:
Thank you so much for your inputs m_img and mmed. Really appreciate it.

m_img: I am a PGY2 and I will have to wait another year to be eligible for the boards. Thanks for your advice. You do mention the fellowship being delayed by 6 months- I am a little confused about the 6 months calculation. According to your option (2), are you suggesting that I get an employer to sponsor my GC 6 months before I join the job and then once I finish my residency I work for the employer till I get the GC before joining the fellowship? In case that is it, does it only take about 1 year to get a GC sponsored by a hospital – I was under the impression it was longer. Will definitely appreciate further clarifications.

mmed: I was not very clear in my post: when I said a job lined up and have an EAD, I meant have the future job sponsor my GC 6 months before I join the job. Thank you so much for the link though. It seems that you were on a J1 and you really appreciate it if you can share your experience or provide a link to a previous post where you discuss issues that you may have had to face. The reason I ask is because I just spoke to an acquaintance that did his residency and fellowship and is currently doing a waiver job is a nice small city and is happy. He seems to think there is no problem with accepting a J1. Considering that the majority advises against J1, I am inclined to think that he’s an exception. Would appreciate it if you could tell a little more on the pitfalls of J1.


One of the main reasons I was contemplating a J1 was because there are more fellowship programs offering a J1 rather than H1B but I guess a GC is a much better way to go for a fellowship. However, will I be at a lot of disadvantage if I apply for fellowships a couple of years after finishing my residency and not immediately after?

EB1 self petitioning is definitely an option – though I do not know if I have enough qualifications for it – I definitely do not have as much in my CV as basic scientists on this forum have – are the criteria for physicians as stringent? I do have a PhD from the US but do not have as many papers and since joining the residency I have not been able to publish. Also any idea how long it would take for an applicant of EB1 to get his GC? Will it be possible to join a 3 year fellowship with 2 years of H1B, and then self petition EB1 (by which time I will have more papers etc) hoping that it will come through and I can continue the final year of fellowship?

Looking forward to any inputs/ advice I can get on this board.

Thanks a ton.
Click to expand...
This may not answer all your questions.
1- If you are on H and hunting for residency, just take it even if you abort your H and accept J. The situation now is different, You already on H for residency and you want to do the reverse; to abort the H by J for the less important (fellowship, my opinion).
2- The chance to find a waiver job and all that hassle are not that easy and do not look to few examples, thousands out there can not secure that option
3-PhD from US is a good argument beside other qualifications to seek EB1 or NIW (if you are not from India or china). You do not care when the GC will be approved, you care of putting the application and getting EAD to finish your fellow and by pending GC you can even extend your H forever.
4- For me, I was on J research and applied for self petition NIW to get the EAD and in the same week I received the EAD, I started my residency with (this cost me few months to start off cycle but this is not a big deal). I got the GC few months after I started
 
Thank you mmed for your insight into the matter.
Yes, I totally understand that getting the GC is not the issue, getting EAD is. The other major issue that I need to keep in mind is that I am from India which is an impediment and I have to be more careful time-wise.
Any ideas how the situation of GC application playing out because I am from India?
 
betrhalf said:
Thank you mmed for your insight into the matter.
Yes, I totally understand that getting the GC is not the issue, getting EAD is. The other major issue that I need to keep in mind is that I am from India which is an impediment and I have to be more careful time-wise.
Any ideas how the situation of GC application playing out because I am from India?
Click to expand...

The issue is availability of visa number for EB2 category (including NIW) which will not allow you to adjust and consequently get EAD. Think of EB1 (either employment or self) or O visa and by the USA PhD you may apply for NIW (self) and the visa number will be available (hepefully) before the end of the 6 years of H
 
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