h4-h1 need help

K

kkro

Registered Users (C)
Background:
I am a doctor, live in US since Apr 2000 in H4 VISA. I have finished all the required USMLE exams to get into residency program. My husband's GC is in progress in Dallas BRC, PD:July 2002/EB3. Due to the recent priority date retrogression, I almost lost the hope for GC. I am looking for alternative ways to get into residency programs except J1 since it looks like very complex and another trap for long period of time. I am looking for H1 for my residency so that I could be eligible for his GC when the
priority date comes.

question on H4 - H1: Since I am here in H4 for 5 years 5 months, Am I eligible for a new H1, If Yes, for how long, will it be enough to complete my residency for three years ?

Your help is greatly appreciated.

Thanks

Regards,
KKRO :confused: :
 
You are running into a time limitation with your H1/H4 time here. I believe you have only 6 months of H1b time left, which is not really enough to even start a residency. And while your husband is eligible for H1b 7th year extensions based on his pending GC (and you for H4 extensions), you are from what I know not eligible for an H1b extension yourself. A LC or I140 pending under your own name would from what I understand give you eligibility for such H1b extensions.

Have you done any research during the last 5 years ?

Is there some employer who can file a LC as 'research associate' or something like that, just to get the you the H1b extension eligibility 12 months from now ? (plenty of LCs are filed knowingly well that the employee will never work for this employer, just to get a separate benefit such as priority date or EAD)

In your situation, you definitely would want to stay away from the J1 visa. However, if nothing else helps, it is still a viable option. Finding a 'waiver position' for the time after residency/fellowship is a royal pain in #*()(_, but if this is what it takes to get your clinical training in the US it can be a consideration. You just have to be aware that you will set yourself back by about 6-9 years compared with your husband. He will be a citizen by the time you start looking for a GC. Your husband and your kids will have the blue passport during travel while you are still struggling with things like 'advance parole' documents and the constant expenses of filing for all kinds of stuff.

Tough call !
 
Last edited by a moderator:
thank you

thanks a lot Mr.Hadron, this information is very valuable for me.This morning I spoke with one of the Immigration Attorney close by, he says an H1can be filed in my name showing I am a beneficiary of my husband's labour certificate filed in june 2002. and have to extend it every year.This is some hope, but still I have my own doubts. Is this possible?
thanks once again,
KKRO :confused:
 
It was my understanding that your husbands pending LC gives you eligibility to extend your H4 beyond the customary 6 years but that a H1b on your own merits does not enjoy this protection. But it is entirely possible that the attorney is correct, try to have him show you a memo from USCIS on this (the american immigration lawyers association provides this kind of stuff for their members.). Just be sure that he is not out to cash in your fee just to later find out that it doesn't work. Not all attorneys are ethical in their dealings with immigrants.
 
You are not a 'beneficiary' of your husbands LC. You could be a beneficiary of his I140 though.
 
H4 running out of time on H

hadron said:
It was my understanding that your husbands pending LC gives you eligibility to extend your H4 beyond the customary 6 years but that a H1b on your own merits does not enjoy this protection. But it is entirely possible that the attorney is correct, try to have him show you a memo from USCIS on this (the american immigration lawyers association provides this kind of stuff for their members.). Just be sure that he is not out to cash in your fee just to later find out that it doesn't work. Not all attorneys are ethical in their dealings with immigrants.
Click to expand...
yes agree with hadron. in my opinion, you have only 7 months left.

Just this year, my friend ran into similar problem. He has been on H1 for 6 years and his wife on H4 for 6 years. She did the same thing as you (completed all the exams of USMLE and wanted to join residency). But there was no time left to join on H1. ..... What did they do???? ....
..... Luckily, my friend is a doctor practising in an HPSA. So he filed his *NIW I-140 + I-485 for Physician in HPSA*, filed his wife's I-485 as derivative. She got her EAD and joined residency on EAD.

you said your husband's petition is EB3, so i presume he is not a physician. obviously you can't take advantage of the *NIW Physician in HPSA* law.

What could be the options:
1. leave the US for 1 year. The 6 year clock will reset to zero and you may start fresh. (if you have spent any time outside the US in these 5.5 years, that can be counted towards the 1 year).

2. file for your "Labor Certification" as suggested by Hadron. Go on H4 for 7th year (deriving from 7th year extension of your husband). then after 6 months of that (when your labor cert would have been pending for 1 year), apply for 7th year H1 based on your independent green card application process.
(the catch here is: Under what field you would file your labor cert? e.g. if you file under a "specialty cook" and then apply for H1 for residency based on that labor cert, how will USCIS treat it? .... i don't know)

3. change to J1 status (that i would not advise).
4. hope that husband's LC gets approved and you may file I-140 + I-485 (with the current retrogression, i don't think that is even a possibility).
5. win a DV lottery.
6. go on H4 extension and forget about residency for some time.
.
 
People seem to forget about the option of going back for a year. Your husbands LC would still be valid and you could return with a 'fresh' H1b. Given the difficulty of finding an LC sponsor and the uncertainties of derivative status due to the retrogression, this might not be such a bad idea.
 
Wow..you guys are great and so informative...!

Here is my one more doubt.... :confused:

Since Appril 2000, I was in INDIA for around 6 months totally and I have remaining 7 months left in my 'H' category. Let's say I am applying this October for residency and going home couple of months before program start my H1 process, I will have >=15 months not used in 'H' category.

As per the option 1 from J1victim, Am I eligible to start the fresh new H1 ?
or
To qualify for fresh new H1, Do I have to be outside US 1 year continously/at one stretch and that too only after the completion of full 7 years of 'H' VISA.

Could you guys clarify this doubt please ?

Thanks for your efforts and time...

:confused:
KKRO
 
A small correction in my previous post....

As per the option 1 from J1victim, Am I eligible to start the fresh new H1 ?
or
To qualify for fresh new H1, Do I have to be outside US 1 year continously/at one stretch and that too only after the completion of full 6 years of 'H' VISA.
 
H visa time clock reset

kkro said:
A small correction in my previous post....

As per the option 1 from J1victim, Am I eligible to start the fresh new H1 ?
or
To qualify for fresh new H1, Do I have to be outside US 1 year continously/at one stretch and that too only after the completion of full 6 years of 'H' VISA.
Click to expand...
The time spent outside the US doesn't have to be continuous.
as regards ..."after completion of 6 years ...." NO. but i am not too sure about it.
ask this Q in the H forum/I-485 forum. let us know what you find out. this will help others who might be in similar boat.
.
 
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