J1 or H1

S

subhadra786

New Member
Hi,

Any kind soul help me in this.i am a foreign medical graduate and now applying for programs.I have a question about to mark J1 or H1 in my application.I came to USA on H4 in 2002 and went back to India IN 2003 and stayed in India more than year.Came to US again in 2004.Some of my friends told me that both H4 and H1 has 6 yr limit.IF so my H4 will expire in 2008 go to J1 is better.I heard within 6yrs if anybody out of country(US) for 1yr H category visa again will work for 6 yrs if it is right in my case i will mark H1.My husband filed GC in Dec2004 in EB2 process,we got 45days letter in Jun 2006.What would be the best choice for me.Any experiemced or advices will be appreciated.

thanks
 
- once you stayed out of the country for more than 12 months, your H1,H4,L1 'clock' resets and you have another 6 years at your disposal. Just make sure that you have documentation of your time abroad.

- H1b is highly preferable. It leaves you the option of rather smooth immigration if you find an employer after residency who is willing to sponsor you (or you can benefit from your spouses immigration case).

- downside of marking H1b on your residency application is the fact that you shut yourself out from the majority of residencies that hire foreign graduates. An H1b costs the hospital about $4000, a J1 costs them zilch ($0, nothing, nada). As a result, only a minority of programs will take people on H1b.

- your best choice would be to wait for your husbands greencard case to yield you an employment authorization document. With that in hand, you can mark 'immigrant' on the residency application giving you a lot better chances for a residency (no hassle, no expenses for your program).

- DO NOT UNDER ANY CIRCUMSTANCES WHATSOEVER TAKE A J1 VISA IN ORDER TO START RESIDENCY. IT WOULD SEPARATE YOUR IMMIGRATION CASE FROM YOUR HUSBANDS IMMIGRATION CASE. AT A POINT WHEN HE WILL BE A US CITIZEN, YOU WILL STILL BE SUBJECTED TO THE WHIMS AND TORTURE OF UNDERPAID USCIS GOVERMENT EMPLOYEES.
 
H1 B

Hi hadron
a followup question!

I have gotten H1B for my residency and doing my first year!
"you had said - if u find an employer who is willing to sponsor after ur residency...."

when exactly is this - during fellowship or after i finish fellowship?
is there a way to apply for GC when i am doing residency
it sounds little risky to wait untill the end of six years and hope for a sponsor for GC (especially if H1B is valid only for 3+3+1 year)
thx
 
Here is what I understand...

If you have an employer willing to sponsor your for GC, you have to check when will you be able to obtain "unconditional permanent license to practice" in that State where employer is offering you job. Every State is different. Some are easier and some are difficult.

As soon as you get the license and find and willing employer, you can be sponsored. In terms of timing, I-140 does not expire.
 
> is there a way to apply for GC when i am doing residency

The employer can only file a labor certification or an I140 for you if you fulfill the criteria for the job.

So
- if they want to sponsor you during residency, they have to sponsor you as 'physician general practice' with job requirement 'state medical license'.

- if they want to sponsor you after residency during fellowship, they have to sponsor you as 'physician internist' with job requirement 'state medical license and board eligibility in internal medicine'.

- if they sponsor you after fellowship, they can sponsor you as 'physician specialist cardiology' with job requirement 'board certified in internal medicine, state medical license and 2 years of cardiology specialty training'.

While going up this ladder, it is getting easier and easier to get a labor cert approved. For option 1, there is allways some licensed physician who can't find employment because he has a terrible malpractice record who could potentially apply for your job during PERM. Once you are a specialist, there is typically nobody to apply for your job.
 
Hadron I have a question

you said that for labor certification a license is one of the requirement. If my employer is in NY state, how would that work as NY state does not offer Full license to non-immigrants.

Or you can have another state's license as well in order to be eligible.
 
you said that for labor certification a license is one of the requirement. If my employer is in NY state, how would that work as NY state does not offer Full license to non-immigrants.
Click to expand...

It wouldn't.

If your employer puts 'holds a special purpose license' (such as the limited 3 year waiver license), it might work.

Talk to an immigration attorney doing that line of business in NY.
 
hadron said:
> is there a way to apply for GC when i am doing residency

The employer can only file a labor certification or an I140 for you if you fulfill the criteria for the job.

So
- if they want to sponsor you during residency, they have to sponsor you as 'physician general practice' with job requirement 'state medical license'.

- if they want to sponsor you after residency during fellowship, they have to sponsor you as 'physician internist' with job requirement 'state medical license and board eligibility in internal medicine'.

- if they sponsor you after fellowship, they can sponsor you as 'physician specialist cardiology' with job requirement 'board certified in internal medicine, state medical license and 2 years of cardiology specialty training'.

While going up this ladder, it is getting easier and easier to get a labor cert approved. For option 1, there is allways some licensed physician who can't find employment because he has a terrible malpractice record who could potentially apply for your job during PERM. Once you are a specialist, there is typically nobody to apply for your job.
Click to expand...


U mean to say --- in case of option 1 if there is some US citizen physician who claims for the same job as urs ---- ur LC cannot be approved?

but how can such a us citizen physician know abt this employer of mine?
what are the chances of these things to happen in a remote place?

thanks
 
subhadra786 said:
Hi,

Any kind soul help me in this.i am a foreign medical graduate and now applying for programs.I have a question about to mark J1 or H1 in my application.I came to USA on H4 in 2002 and went back to India IN 2003 and stayed in India more than year.Came to US again in 2004.Some of my friends told me that both H4 and H1 has 6 yr limit.IF so my H4 will expire in 2008 go to J1 is better.I heard within 6yrs if anybody out of country(US) for 1yr H category visa again will work for 6 yrs if it is right in my case i will mark H1.My husband filed GC in Dec2004 in EB2 process,we got 45days letter in Jun 2006.What would be the best choice for me.Any experiemced or advices will be appreciated.

thanks
Click to expand...

You should go for H1b. Your 1 year outside US should have reset the clock. In addition, USCIS had recently sent a memo that H4 time will no longer be counted towards the six years for H1
 
nikhil2381 said:
but how can such a us citizen physician know abt this employer of mine?
Click to expand...

Your employer has to advertise the position 'in the usual way' before he can file a labor certification. By filing the labor cert, the employer certifies that he looked long and far and couldn't find a US citizen or permanent resident who fulfills the minimum qualifications to take the job.
 
You must log in or register to reply here.
Top