H1B transfer for Resident Physicians Nonprofit to Profit

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Beztmed

Registered Users (C)
Iam currently a 3rd year resident physician.My program is a non profit organisation and I obtained H1B thru my program.If I join a job with a profit organisation,will I come under cap.If yes,do I qualify for H1B quota for candidates having US advanced degree although Iam still in my final year of training and not board certified yet.What is the latest time possible to apply for H1 transfer in this case.
Please clarify this, as it will be helpful for lot of residents in my situation.
Thanks
 
H1 residency to Job .. quota cap issues

Beztmed said:
Iam currently a 3rd year resident physician.My program is a non profit organisation and I obtained H1B thru my program.If I join a job with a profit organisation,will I come under cap.If yes,do I qualify for H1B quota for candidates having US advanced degree although Iam still in my final year of training and not board certified yet.What is the latest time possible to apply for H1 transfer in this case.
Please clarify this, as it will be helpful for lot of residents in my situation.
Thanks
Click to expand...
My program is a non profit organisation and I obtained H1B thru my program.If I join a job with a profit organisation,will I come under cap.
>>>> Yes

If yes,do I qualify for H1B quota for candidates having US advanced degree although Iam still in my final year of training and not board certified yet
>>>> Yes again.

What is the latest time possible to apply for H1 transfer in this case.
>>>> before your H1 sponsorship expires, you need to file your H1 (transfer) petition.
.
 
I had asked the same question/same situation here. This is what I was told on this forum:
http://www.immigrationportal.com/showthread.php?t=191518
Now as far as the advanced degree, if you are an FMG it seems like it won't apply. At least that is what I learned searching on the internet. They want a US degree, our training/boards doesn't seem to qualify as a degree. Don't ask me why, maybe not enough docs in the senate and congress to know how much rubber you burn before you get done with your training. I think the law wants people to pay tuition to US university, nothing to do with your qualifications.
 
my understanding was that if someone is already on H1b visa like this person is, H1b cap does not apply to them. Its just a transfer to a new employer.
 
h1 cap issues for residency/job

crore said:
my understanding was that if someone is already on H1b visa like this person is, H1b cap does not apply to them. Its just a transfer to a new employer.
Click to expand...
No.

if prior H1 was via an exempt organisation (e.g. a university, a non profit hospital etc), that means your H1 was NOT counted against the cap when it was originally issued.

Now if you transfer this H1 to a new employer who counts against the cap (e.g. a for profit hospital or a for profit employer/group), your new H1 wil be subject to the quota issues and you may have to wait for the next year's quota.
.
I612 said:
I had asked the same question/same situation here. This is what I was told on this forum:
http://www.immigrationportal.com/sh...ad.php?t=191518
Now as far as the advanced degree, if you are an FMG it seems like it won't apply. At least that is what I learned searching on the internet. They want a US degree, our training/boards doesn't seem to qualify as a degree.
Click to expand...
No.

to get residency on H1 for an IMG, you are subject to cap issues as your degree was obtained outside of the US.

once you have done your residency in the US and are going for a job, you do qualify under the separate quota of 20,000 for H1 for degree from US.
.
 
personal experience

Hi.
I did my residency in a nonprofit Hospital sponsored H1B( not subject to cap). When I wanted to move into a private group of just 8 physicians,I had the same doubts .But my Hib was extended without any problems, with the I-94 attached ( meaning my Change of status was granted too).
As I was scared about the possibility of H1b denial,I chose to work with a non-profit organization, by means of another H1B, which also got approved with no problems.
As far as the 20000 Visas for advanced degree holders from US, I have learned from various other posts that ONLY Masters and Phds from the US Universities are considered for this.So far not very clear about the eligibility for Physicians after residency training in the US.

Again,all my info is either from personel experience or learned from the web forums.Please do not count on this in place of expert legal opinion from a good attorney!
 
hi lcb,
i am in the same spot rt now .
did u accept 2 separate job offers and then cancel one?
pls help

thanks


LCBEFORETROGRES said:
Hi.
I did my residency in a nonprofit Hospital sponsored H1B( not subject to cap). When I wanted to move into a private group of just 8 physicians,I had the same doubts .But my Hib was extended without any problems, with the I-94 attached ( meaning my Change of status was granted too).
As I was scared about the possibility of H1b denial,I chose to work with a non-profit organization, by means of another H1B, which also got approved with no problems.
As far as the 20000 Visas for advanced degree holders from US, I have learned from various other posts that ONLY Masters and Phds from the US Universities are considered for this.So far not very clear about the eligibility for Physicians after residency training in the US.

Again,all my info is either from personel experience or learned from the web forums.Please do not count on this in place of expert legal opinion from a good attorney!
Click to expand...
 
You do not qualify for masters degree quota. This question has been asked in this forum and some other forums and the consensus was no. I believe at shustermans site or visalaw site this was answered although the author stated it does not appear that physicians will be eligible for this or similar wording.
 
docmovva77 said:
hi lcb,
i am in the same spot rt now .
did u accept 2 separate job offers and then cancel one?
pls help

thanks
Click to expand...
No,I did ask the employer( for profit ) to cancel the hib petition and they did through their attorney, but till now we have not hared from the USCIS of formally closing that petition.I accepted both initially, thats why both applied for me,both got approved, but am currently working on Hib for the non profit employer.
 
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