Fellowship on H1, what next after 6 years?? Please help...

[nirav_m]

Dear Friends/Experts,
I am doing residency in internal medicine on H1, and finishing third year. I will be joining cardiology on H1 from this July. However, I dont know what will happen at the end of six years for my visa. I would not have any time left on my H1.
I understand that I would need an employer who need to file green card for me, but I dont know the exact process or time frame.
Is it possible for the employer to hire me during the last six months of my fellowship to recruit me and file GC? or it has to be earlier? Does it have to be at least 1 year earlier for the date of expiration of my H visa??
I am totally confused....can someone help please....
thanks a million in advance.
Nirav.

 

[hadron]

- You need to find an employer to file a labor certification for you.

- Cardiology is considered to be one of the 'specialties hard to recruit' for physician recruiters. You shouldn't have a problem to find someone to sign you 18months before you graduate.

- In my limited experience (n=1) the further you go central and the further you go north in the US, the higher the likelihood that you will find an employer familiar with immigration matters and willing to use it as a recruiting tool.

- Labor certification times are variable. They vary from 5 weeks (ND) to 5 years (TX). There is a relatively new program called PERM that supposedly gets you a labor cert in 60 days (it essentially works this way: If we haven't denied it after 60 days consider it approved). But it remains to be seen whether this will just become another one in a long list of broken promises by DOL. They have a time honored tradition of f$#)( things up beyound recognition (FUBR).

- The future employer will only be able to file labor cert for you as internist, not as cardiologist. This can cause problems bc everybody and their brother will apply for the job if posted in JAMA, but this can be rigged appropriately.

- After labor certification the employer needs to file form I140. Time period for that is between 9months and 18months.

- If you have a form I140 pending and it is not adjudicated yet, you can file form I485 (adjustment of status) and I765 (employment authorization).

- If USCIS hasn't approved your work permig (EAD) within 90 days after filing I765, you can get an interim work permit (EAD) and start your job on that.

- If you have a valid immigration case pending for >1 year (LC+I140), you can receive a 7th year extension on your H1b.