Filing H1-B visa before 6 months of job start date

M

mjainy

New Member
Hello,
I am a Physician on H1-B visa doing my residency in an University based Hospital. I would like to know that if i am applying to a Profit based employer for job on H1-B visa ( Transfer case ), then can my H1-B visa petition be filed before 6 months of start date of job. I understand that my H1-B visa will come under Quota.


Thanks.
 
No. You could file the case in advance, ONLY LESS THAN six months BEFORE your new job cahnge date . However, as the the cap for the fiscal year 2004-2005 is approaching and assuming you are finishing the residency in July 2005, You will come under cap (Exemptions are - VA facility, Other Non-Profit org.). However, I have not heard much alarming news about Docs that come out of residency have rejections. Most of them are still awaiting their extensions of H1 pending.
 
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I'm currently in the same situation (like a lot of people). The question is: What are we gonna do after finishing the residency? Is there any option, other than going back to our countries for the gap period (ie July 1st to september 30th)?
Is there any grace period for H1B?

My second question is: If I apply for an H1B in April 2005 and pay the premium process, will I get my H1B approval in 2-4 weeks (with starting date Oct 1, 2005, of course), and then happily go back to my country for 3 months, knowing that my VISA is approved already?

Thank you guys, this forum is superb.
 
Headache for Doctors - Answered

Yes. You could apply for the H1-B extension and get it approved before June 30th and leave the country. But Still you have ONLY six years for your H1-B status. The biggest advantage is that you are in status. The other option for Docs who have Wives in H1-B status is to Convert your status in H-4 until September 30th and change back to H1-B from October 1st. I hope it helps.
 
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