Got H1B for only 1 Year (Critical situation)

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Critical25

Registered Users (C)
I am screwed... As I mentioned in my previous Faqs, I got only one year period for my H1B work permit. Since I came to USA in AUG 2000, my H1B will be good till AUG 2006. I have been on H4 status for almost 5 yrs. actually my wife is a primary H1 visa holder and she is going to apply for her 7th year extension in Aug 2005. She applied for GC in Jul 2004 (IT professional-EB3- NON RIR). There is no way that we will get our EAD before AUG 2006 (My H1 visa exp).

Now what will be my situation after AUG 2006? What are the other options...As Hardon said, can I apply for LC and get 7th, 8th year ext in order to complete my 2nd and 3rd year res. Is it possible to get H1 visa ext based on my pending LC, even though my wife has already been applied for LC in 2004, and 7th yr ext in 2005. I strongly believe we will be in critical situation in Aug 2006, where I will need 7th year H1B ext and my wife will be required 8th yr H1b ext.

I need all possible options and the best suggestions...I don’t want to get in to out-of-status situation. I will be joining residency with in two weeks and don’t know what to do after one year…Please provide me some valuable/helpful info so that I will not loose my hope.
 
So, your H-1 is good until August 2006. Then go ahead and do your 1st year of residency. If your wife cannot apply I-485 at that time but can continue on with her H-1 yearly extensions, you'll have to change your status back to H-4 and quit working. That will keep you in status but unable to work until your wife applies I-485 and EAD for herself and you.

Of course, if you REALLY want to continue with the residency no matter what, you can change status to J-1, which will cost you dearly down the road.
 
I am not sure, but you might be able to go back to a H4 on july 1st next year in case you don't have an EAD yet (the H4 would be based on your wifes 8th year extension). You would have to take a leave of absence from your residency, but that is usually not a problem, happens all the time. Once you have the EAD, you go back as a PGY-2 resident.

Once you have an internship, you are fairly marketable. I don't know what specialty you are going for, but in all the primary care specialties, you should be able to go pick up were you left up.

Considering that your wife is going to get a GC within the next 2 years, it would be foolish to take a J1.
 
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H4 extension ... based on H1 .. 7th year

hadron said:
I am not sure, but you might be able to go back to a H4 on july 1st next year in case you don't have an EAD yet (the H4 would be based on your wifes 8th year extension). You would have to take a leave of absence from your residency, but that is usually not a problem, happens all the time. Once you have the EAD, you go back as a PGY-2 resident.

Once you have an internship, you are fairly marketable. I don't know what specialty you are going for, but in all the primary care specialties, you should be able to go pick up were you left up.

Considering that your wife is going to get a GC within the next 2 years, it would be foolish to take a J1.
Click to expand...
completely agree with Hadron
.
 
Hadron, I am on same boat please give me suggestion

I am strting my 3rd residency starting from next month but I have H1 visa till end of Feb 2006 and same time I will be completing my 6th year on H1 (H4+H1). I am going to be shortage of 6 months to complete my residency, please give me some suggestions and what are the options I have to complete my residency.

Thanks.
 
Do you or your spouse have any sort of immigration case (labor cert or I140) pending at this time ?

Are you able to get a state medical license ?

What are your immigration plans after you finish residency ?

Look into the other threads on the subject. What you need is either a 7th year extension (and it seems to be too late for that if you don't have a LC pending already), or you need some immigration petition that you can file in November of this year in order to obtain an EAD in time. And unless you have an LC in hand, you will be limited to categories such as EB-2 NIW and EB-1 EA for that.
 
Thanks Hardon for your reply

Hi Hardon,

Thanks for your reply.

My Spouse labor cert is pending at this time. Is there any advantages to me from my spouse labor pending.

I am able to get a state medical license in any state.

I didn't think of any immigration plans, Now I have to think of it. I am expecting some suggestion from you.

You mentioned:
you need some immigration petition that you can file in November of this year in order to obtain an EAD in time. - On what basis I can get EAD and how ?


Appriciate your reply, thanks.
 
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