Do you need state license for H1B?

M

m_img

Registered Users (C)
Hello,

Do you need state license to practice for obtaining H1 for practice as physician (not resident)?

Also, for start date of July 1, how soon can you get H1 approval (Not a waiver job, regular H1B for physicians)?

Thanks very much,
 
Yes. When H-1 is filed under J-1 waiver program, it is one of the requirement.

Depending on the expected processing waiting time, you have to plan when to aplly (regular or premium). You have to start new job with in 90 days of approval of H-1.
 
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For residency you don't need license. All you need is passing step 3, correct?

If license is requirement for J1 waiver H1, how about non j1 waiver H1?

Thanks,
 
For residency, I think you need institunional permit (temp Lic) before applying for H-1, and duration of H-1 is restricted to the valid date of temp Lic.

BTW, you can not apply for H-1 , 120 days before proposed date of onset of employement.
 
m_img said:
For residency you don't need license. All you need is passing step 3, correct?

If license is requirement for J1 waiver H1, how about non j1 waiver H1?

Thanks,
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Yes, State license is required for regular H-1B.
 
iak426 said:
For residency, I think you need institunional permit (temp Lic) before applying for H-1, and duration of H-1 is restricted to the valid date of temp Lic.

BTW, you can not apply for H-1 , 120 days before proposed date of onset of employement.
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I don't agree with the latter paragraph totally. It might be a case to case basis. I applied for my H1B from J1 ( a waiver job ) in December with a start date request in July, six months away from the proposed start date. I got it approved five months before start date.
 
posadas said:
I don't agree with the latter paragraph totally. It might be a case to case basis. I applied for my H1B from J1 ( a waiver job ) in December with a start date request in July, six months away from the proposed start date. I got it approved five months before start date.
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Yes, one can apply well in advance, but at the time of adjucation of the H-1B (in general) state license is a required.
One can apply for the H-1B prior to the approval of your state license, but USCIS may issue a RFE for the same. In fact I did use this tactic myself. Some state licenses can take upto 6 months to be approved.
 
Thanks..

You're right some states takes too long. Now, if I apply without license and they issue RFE, would USCIS would reserve a H1 slot while waiting for response to the RFE.

What other advantage would be to apply for H1 without license?

Thank you.
 
Another q,

what is the least amount of time one can prepare and submit regulat H1b petition for a physician (NON J1 waiver)?

Here is what I think, please comment if I'm correct:

1) LCA instaneousely online - Say preparation takes 1 day
2) 10 days to post the opening
3) I129 - say 1 day to prepare.

Fedex I129.... total: 1+10+1+1= 13 DAYS?????

What do you think?
 
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