H4 - H1 LCA Approved

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yaars21

New Member
Hi

My wife is a doctor and is trying to get into residency here in NY. She's currently on H4 since past 4 years (came to US on H4 after marriage) and I'm on H1 (going for 8th year extension). My LCA got approved recently and will be filing for I-140 soon.

My question is that, if my wife gets a call to join any hospital she will have to file for her H1 visa (she might get a call soon with in next 1 month or 2 or she may not). Will there be any problem for her since she is on H4 since past 4 years?

Thanks
 
yaars21 said:
Hi

My wife is a doctor and is trying to get into residency here in NY. She's currently on H4 since past 4 years (came to US on H4 after marriage) and I'm on H1 (going for 8th year extension). My LCA got approved recently and will be filing for I-140 soon.

My question is that, if my wife gets a call to join any hospital she will have to file for her H1 visa (she might get a call soon with in next 1 month or 2 or she may not). Will there be any problem for her since she is on H4 since past 4 years?

Thanks
Click to expand...

Hi, I do not know if joining hospitals for residency is exempt category (certain categories, I believe, are exempt from H1 quota) - if it is exempt category then there should be no problem. However if it is not in exempt category, the new H1s will not be approved till FY 2008 (you may get approval in may/june, but you cant work till Oct) -- other than that there should not be much of a problem. Though, since H4 has aleady exhausted 4 years, only 2 years remain for H1 (thinking out loud here... I dont know if 6th year extensions will be approved based on spouse' pending labour/140, so one of the first thing that may need to be done is to file for a GC so that H1 extensions can be got for your spouse)
 
If she is going for H1, she may get her H1 only for balance 2 yrs. By the time you get your I 485/EAD then no problem otherwise as soon as she joins residency, she must file a LC through any sponser, any job title/category to extend her H1 beyound 6 year incase your I 485 does not come through


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yaars21 said:
Hi

My wife is a doctor and is trying to get into residency here in NY. She's currently on H4 since past 4 years (came to US on H4 after marriage) and I'm on H1 (going for 8th year extension). My LCA got approved recently and will be filing for I-140 soon.

My question is that, if my wife gets a call to join any hospital she will have to file for her H1 visa (she might get a call soon with in next 1 month or 2 or she may not). Will there be any problem for her since she is on H4 since past 4 years?

Thanks
Click to expand...
 
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