Fellowship on H1 B extension

D

doctorofindia

Registered Users (C)
Dear All,

I am a physician from India. After finishing my residency, I started job and my employer has filed for LC (approved) and I 140 (in process).

Can I use my approved I 140 to get 3 year of H1 B extension and use it to do fellowship?

I do not want to wait for 10 years to get green card. I want to finish fellowship and go back to India.

Doctor of India
 
doctorofindia said:
Dear All,

I am a physician from India. After finishing my residency, I started job and my employer has filed for LC (approved) and I 140 (in process).

Can I use my approved I 140 to get 3 year of H1 B extension and use it to do fellowship?

I do not want to wait for 10 years to get green card. I want to finish fellowship and go back to India.

Doctor of India
Click to expand...

No you can't change the employer before your 485 is pending for more than 180 days.

Why don't you go to J1 finish your fellowship and go home
 
please answer

So what finally is the result of your discussion...i have been told by my lawyer that once u apply for LC, I140 and /or I 485 u are not eligibelf ro J1 visa aswell...how true is that
 
that is correct

AFAIK.
J1 is a non immigrant visa
once you apply for an immigrant visa (ie GC) you cannot get a J1
i suspect you could try for an O1...but i don't know what the rules for that are in terms of immigrant intent.
 
may not help

you would have to answer the question:
"have you applied for a gc or has anyone applied on your behalf?"

so you would have to declare it...and that's evidence of immigrant intent.

can't you get an H1? are your 6 yrs done?

suggest you talk to your attorney.
 
Hi Paskal....i will be done with 6 years H1...i will be with the same hosp/employer and dont know if the y will stop my I485....donno what to do....golden oppurtunity and dont want to miss it....
 
what does the LC say?

if it simply says physician, you will still be a physician in fellowship.
also if you have an open offer to return to your employer- and do so on getting GC , maybe you will be fine- GC is for a future job.
i think i saw siskind comment on his blog once that a fellowship is possible.

net net- see a good attorney!
 
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