H-1s for Waiver

[xcv]

Friends pls. help me with suggestions;

- Can I apply for GC through my wife while I am doing waiver? Can I get counceller processing done as soon as 3 years are over?
-Can I apply for another H-1 in the same underserved county as other hospitals in the vicinity are asking for moonlighting?

Your input and insight is always highly appreciated

 

[hadron]

> - Can I apply for GC through my wife while I am doing waiver?
> Can I get counceller processing done as soon as 3 years are over?

If you are on your wifes I140 petition, you can apply for AOS once the 3 years are over. If you go for consular processing, you can apply a couple of months before the 3 years are over, you just have to be sure that your interview at the consulate is after the 3 year mark.

> -Can I apply for another H-1 in the same underserved county as
> other hospitals in the vicinity are asking for moonlighting?

Don't know whether you could get a second H1b in addition to your waiver H1b.

You might have to route that income through your employer. Essentially your employer contracting you out for the moonlight gig. Downside is that you will loose money on overhead and that you have less opportunity to put expenses like your car to offset your moonlighting income for tax purposes (some of my residency colleagues drove 6000lbs SUVs bc the writeoff available for their 'independent contractor' moonlighting business was so huge).

 

[m_img]

Multiple H1s

You can have another H1 for moonlighting hospital site. Just make sure your primary wavier H1B consider you full time, i.e. 40Hrs a week. People at VA hospitals do this all the time.

 

[xcv]

Thanks for the reply m_img and hadron, can you please guide me, do I have to take another H1B out for moonlightling in an underserved area, or can that belong to any facility. Thanks much

 

[hadron]

Your primary HPSA/MUA site has to consider you 'full time'. Depending on the individual states rules, this can be from 32 to 40 hours (32 if they afford you 8 hours of administrative time).

The VA has specific rules on that. I believe you have to work 5/8th at the VA hospital and you are allowed to work 3/8th at the affiliated university or in private practice and the VA will still consider you FT.

If you can show that you work 40 hours for your main employer and that all your moonlighting is in addition, you shouldn't have a problem if your moonlight gig is outside of the HPSA/MUA (as long as your main employer doesn't act up and doesn't consider you full time anymore. Covering an ED on the ED groups payroll might be fine with them, working at the competing practice accross the street probably not.)