ECFMG OPT to J1 on PGY2

G

gbored

Registered Users (C)
Hi

I plan to gamble by starting my program on OPT, and over the year, coax my program to sponsor H1b. My program does not sponsor H1B, its a J1 program. If at the end of my OPT (end of PGY1), the program does not sponsor me H1b, can I ask ECFMG to sponsor J1 to me from PG Y2?

Reframed: Can ECFMG sponsor J1Visa for PGY2 candidate?
 
OPT to J1

gbored said:
Hi

I plan to gamble by starting my program on OPT, and over the year, coax my program to sponsor H1b. My program does not sponsor H1B, its a J1 program. If at the end of my OPT (end of PGY1), the program does not sponsor me H1b, can I ask ECFMG to sponsor J1 to me from PG Y2?
Reframed: Can ECFMG sponsor J1Visa for PGY2 candidate?
Click to expand...
Yes.
But, do NOT think about J1 once you have been on OPT. There r many programs who will sponsor your H1. Make sure that you clear Step 3 as soon as possible after you start residency. (you do NOT need Step 3 to do residency on OPT)
.
 
Hypothetically speaking!

Thanks!

Hypothetically speaking! Now that I start my residency on OPT, is it possible to "force" the program to sponsor H1 by not applying for J1 via ECFMG, legally or otherwise.

Any suggestions on the front of forcing a J1 program to sponsor H1 by using OPT.
 
What is OPT?

Keep in mind about H1B quota. Last year it was filled on the first day of 2005 quota.

*****************************************************
addendum by forum moderator on June 18, 2005:

OPT is Optional Practical Training. It is EAD that you get from CIS after completion of your F1 studies.
reference here:
8 CFR Sec 214.2 f (10) (ii)(A)(3)

http://uscis.gov/lpBin/lpext.dll/in...plates&fn=document-frame.htm#slb-8cfrsec2142f
.
 
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> Hypothetically speaking! Now that I start my residency on OPT, is it
> possible to "force" the program to sponsor H1 by not applying for
> J1 via ECFMG, legally or otherwise

The only thing you 'force' them to do is to drop you once your OPT expires. Sure, you can negotiate hard, and that is what I would recommend to do.

You are a US medical graduate right ? What specialty did you match into ? If it is something sought after, you don't have a lot of 'leverage'. If you are in lets say IM, they will have an interest to keep a US grad.

Consider looking for a program that sponsors H1b. If you find one, you can use that as leverage to motivate your current program to buckle. Try to get into a university program, that way you don't have to worry about the H1b quota.

Do you have medschool debt ? If yes, it is doubly important not to be stuck with a J1. You want to be able to go for any job to pay off you debt once you are done.

Wait a second. How are you getting your OPT ? Did you go to medschool here ? If yes, I don't know whether ECFMG will even talk to you. After all, you are not a FMG.

H1b or not to be !
 
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Opt!

No. I am not F1 USMG, but a FMG on F1 status (MPH). F1 USMGs although quite few, do get sponsored H1B in "any" program, even those which explicitly state to be a J1 program!

Yes, thats the plan. If they dont sponsor H1B, i will drop the program and stay on my F1 for one more year! Is that possible? Thats the threat/pressure on program to sponsor H1b.

Scenario: PGY1 on OPT. End of PGY1, program does not sponsor H1B, drop out of the program and continue on F1 (with some silly cheap maintain status F course). IS it possible to go back to F1 status after OPT?
 
> No. I am not F1 USMG, but a FMG on F1 status (MPH). F1 USMGs
> although quite few, do get sponsored H1B in "any" program, even
> those which explicitly state to be a J1 program!

Ok, so now it makes sense. Yeah, most of the guys that make it into medschool here on F1 are on the smarter side of the bell-curve. They have a pick of residency.

> Yes, thats the plan. If they dont sponsor H1B, i will drop the program
> and stay on my F1 for one more year! Is that possible? Thats
> the threat/pressure on program to sponsor H1b.

Again, there is only very mild 'pressure' on the program. It is no skin of their tail if you leave after PGY-1.
Look for another residency. As you have already finished your internship, you shouldn't have a problem to find a decent university/non-profit teaching hospital residency to sponsor you for a H1b.

I don't know whether you can go back to F1. Could you find someone to sponsor you for a GC ? Maybe as MPH, not as physician ? With the new PERM process, it might be possible to get an I140 cooking in less than 6 months (however, with the whole retrogression scenario, this might not be a good option to bank on). Remember, you can work on an EAD for whomever you care, including residency. It just has to be clear that the company/institution sponsoring you is willing to hire you if you get an RFE for an employment verification letter at the I485 stage (you would have to take a couple of months of leave of absence from your residency to take care of that).
 
Carry OPT?

Hadron

Continuing about OPT

I have a potential OPT right now (yet to be encashed!). Next year, I start my Residency on H1B. Since most Fellowship programs dont sponsor H1b, is it possible to carry your OPT for 3 years and use it for 1 year of fellowship?

i.e. F1-->(get OPT permit, but dont use it?)-->H1b Residency-->Fellowship PGY4 on OPT?-->Then coax program to sponsor H1B (PGY5 and 6)

I must be dreaming :P

Wonder how OPT works, will ask my Universities International Program office (they are closed for summer :( )
 
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OPT to J1 or H1?

gbored said:
... have a potential OPT right now (yet to be encashed!). Next year, I start my Residency on H1B. Since most Fellowship programs dont sponsor H1b, is it possible to carry your OPT for 3 years and use it for 1 year of fellowship?

i.e. F1-->(get OPT permit, but dont use it?)-->H1b Residency-->Fellowship PGY4 on OPT?-->Then coax program to sponsor H1B (PGY5 and 6)

I must be dreaming :P
Click to expand...
Yes u r dreaming. :p rules on OPT are written here:

http://uscis.gov/lpBin/lpext.dll/in...plates&fn=document-frame.htm#slb-8cfrsec2142f

8 CFR Sec 214.2 f (10) (ii)(A)(3)

1. OPT must be applied BEFORE the end of F1/I-20/graduation date.
2. OPT start date can be upto 60 days AFTER end of F1/I-20
3. OPT should finish within 14 months of graduatiopn date
.
 
8 CFR Sec 214.2 f (10) (ii)(A)(3)

1. OPT must be applied BEFORE the end of F1/I-20/graduation date.
2. OPT start date can be upto 60 days AFTER end of F1/I-20
3. OPT should finish within 14 months of graduatiopn date
Click to expand...

OPT start date can be upto 60 days AFTER end of F1/I-20

This got me excited! I 20 doesnt expire for another 3 years (I took a fast track, the I20 says course duration is 4 years, while I am completing the course in a year!!) F1 ofcourse lasts for 5 years!

Clause three, brought tears to my eyes!

OPT should finish within 14 months of graduatiopn date

Hmm.. the plan! I dont really have to complete my "course" to get OPT :D I can take incomplete in a subject, (say a week of internship or one test in an online course) and wont graduate!! Now can I carry my OPT through residency and fellowship?

More dreams coming through! Well, I dont think you can have two visas (F1 and H1b) at the same time :confused:

What is this?

(B) Termination of practical training. Authorization to engage in optional practical training employment is automatically terminated when the student transfers to another school or begins study at another educational level. (Revised effective 1/1/03; 67 FR 76256)
Click to expand...

Thats why lawyers can rig anything! Is residency another educational level? Is it a transfer or a new course?
 
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OPT Laws

Hmm.. the plan! I dont really have to complete my "course" to get OPT :D I can take incomplete in a subject, (say a week of internship or one test in an online course) and wont graduate!! Now can I carry my OPT through residency and fellowship?
More dreams coming through! Well, I dont think you can have two visas (F1 and H1b) at the same time :confused:

>>>>(a) you must maintain active student status to continue with F1. Each Univ has its own definition of how to maintain student status. Mostly it is minimum of 9 credit hours.
helpful hint: if your F1 study course has thesis also, then you can complete your course work (credit hours), and not enroll in credit hours (this will save you some bucks). continue working on your thesis and not submit it. then you can extend your I-20 by 6-12 months at a time. your student guide will have to sign for the extension of thesis.

(b) There you answered yourself. u can't have 2 categories of visas at a time. so it is - OPT has to follow your studies.

What is this?
(B) Termination of practical training. Authorization to engage in optional practical training employment is automatically terminated when the student transfers to another school or begins study at another educational level. (Revised effective 1/1/03; 67 FR 76256)

>>>> once you finish your course, your OPT is gone. so assume, if you join another course on F1 (another MPh/PhD/MS etc), your OPT is gone. You may get another OPT based on your new study course.

Thats why lawyers can rig anything! Is residency another educational level? Is it a transfer or a new course?

>>>>None of the above.
you may do residency only on H1B/J1/J2 with EAD/EAD/GC/USCitizen.
.
 
OPT Residency - is it legal?

Hi there, continuing this wonderful thread

1. Some programs refuse to accept OPT/EAD as acceptable visa for PGY1. While others prefer it! Is it really legal?

An eligible student may request employment authorization for practical training in a position that is directly related to his or her major area of study.
Click to expand...
http://uscis.gov/lpBin/lpext.dll/in...6/slb-17353?f=templates&fn=document-frame.htm

2. Masters in Civil engineering ---> OPT ---> Medical residency is unacceptable. But what is acceptable?

3. EAD. How do you process EAD on an OPT?
 
You are right!

Hi Hadron! How have you been :) Yes, its an MPh. Some of the residency programs I interviewed this season advised me that they will not accept OPT from MPH. OPT would be acceptable only if F1 was for medical school.

I dont want my bonus 1 year to be wasted. The programs gave me an option of contacting and discusing with thier attorneys. The worry is, the attorneys office may not heed my argument, because they are conservative.
 
Don't know. I would be inclined to think that medical residency is an appropriate training for an MPH, just like a judge-clerkship is for a JD.
 
Looks like the official at your university has to sign off on this. So it is not up to the programs to decide whether they accept EAD or not but rather to the university official whether they sponsor your application.

By the way. Once you have a valid EAD, there is a umpteenth thousand dollar fine for any employer who refuses to let you work with it. (One of the few good things that came out of the 1986 IRCA law.)


http://www.visalaw.com/03may1/2may103.html

What is the procedure for applying for OPT?

An F-1 student must request OPT from the DSO at his or her institution. The request must include a completed Form I-538 accompanied by the student's current Form I-20. If the DSO wishes to recommend the student be granted OPT and the DSO believes the proposed employment is directly related to the student's major area of study and commensurate with the student's educational level, the DSO will recommend OPT in SEVIS and print out the I-20 with the SEVIS recommendation.

The student will then submit a copy of their I-94, two photos, a copy of the passport and the SEVIS I-20 ID along with Form I-765 application for employment authorization and the required fee to the BCIS service center with jurisdiction over the student's place of residence (note that electronic filing of I-765s will be available on May 29, 2003).


The DSO will file the I-538 in the student's records at the school since SEVIS data entry will serve to notify the BCIS of the DSO's recommendation for OPT.
 
OPT 2 years?

Hi Hadron, can OPT F1 be used for 2 years?

http://www.visalaw.com/03may1/2may103.html

How much OPT time can a student get?



A student can have OPT for a maximum of twelve months after graduation. Pre-graduation practical training will be deducted at half the rate so up to 24 months of training are possible.
Click to expand...

I will NOT be graduating. In my particular case, I would have completed all the course work required for graduation but the internship/thesis. The University will sponsor OPT before graduation. I will not be considered to have graduated until I complete them.

Can I then use my OPT for 2 years of Residency training?
 
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