H4 --> H1 --> J1 related issues, please help

E

eefrog

Registered Users (C)
Hi,
My wife is currently on H4 as my dependent, She is applying for matches this year and hoping to find a program with H1. She has all her steps including step 3 completed. She has about been on the H4 for almost about 3 years.
Are there any issues if she gets an offer for H1 and does her first 3 years of residency on H1?
Also, we are very confident of having EADs by then, but USCIS is extremely unpredictable, can she fall back on J1 if absolutely necessary in that case?
Please do advise what would be the best way to approach it?
thanks,
frog
 
> Are there any issues if she gets an offer for H1 and does her
> first 3 years of residency on H1?

The only problem with this is the 'and then what' factor. After the 3 years, she will need some way to get either a 7th year extension (i.e. pending labor cert), or an EAD based on your GC application.

> can she fall back on J1 if absolutely necessary in that case?

She technically could, but considering that you are planning to immigrate to the US, it would not be advisable. The moment she is on J1 to train as a physician, she would have a 'foreign residence requirement'. To get rid of that she would have to work in a medically underserved area for 3 years, this would limit her job opportunities trememdously.


> Please do advise what would be the best way to approach it?

Get a residency on H1 and see what happens to your GC case. There have been some recent threads on people in the identical situation, there were a couple of suggestions as to what to do once she starts running out of H1b time.
 
One more thing to consider...

She can get her State license after a year or two. Some States allow after one year of residency..... And then she can look for an employer who will sponsor her for GC while she's doing residendcy.... and hopefully yours or hers application would allow you to get 7th year extention if needed.

Good luck...
 
Thanks much for suggestions

I really appreciate prompt replies from both of you guys. I guess the best way to go for her to concenterate in getting a program with H1B. Hopefully, the BEC will start moving in time for us to get our EADs.
Appreciate the help. Any of you guys know how to get a hold of FMG friendly programs in the US. Will appreciate any pointers on that.
frog
 
You must log in or register to reply here.
Top