J1 status and H1B visa stamp

D

docny

Registered Users (C)
I have J1 status till June 2007 with expried J1 visa. I have applied for J waiver. If waiver goes through, I will be changing my status to H1 starting from July 2007.

I have vacations in May 2006 and would like to visit my home country. June, I should be back to for my last month rotation in training.

Here is my question,

if I go out of USA in May 2007 and then get H1 stamp visa based on H1 job starting July 2007; what happens to my status for the month of June 2007 when I should be on my last rotation. Would the DS forms and H1 I-94 cover my work in June.

Please advise.
 
- There is a time limit for the earliest you can enter the country on H1b stamp before starting job.

- You cannot complete your training on the H1b that is for a different employer from your hospital/medical school. If you enter on H1b, you have H1b status.

- You would need another J1 stamp and enter on that for the rest of your training. You would then have to file a change of status while in the country.

There are several reasons why this is not a great idea:
- pay visa fee twice
- waste hours of your life at US consulate twice
- having to enter US with only weeks left on your J1 can buy you a grilling by the immigration officer. I have entered the US on J1 and on H1b, H1b is a lot more pleasant (no issues with immigration intent).
 
I am sailing in the same boat... I am applying for a J1 waiver job now and may not be starting my job starting until august /sept 2007. ( since I cannot get BME letter until I complete residency in june 2007) . So technically I will be still on J 1 visa until june 2007 , ans so I thought I can visit India and come back before my last rotation. I am planning to go to canada and get J-1 visa stamped next month. Is it safe to go for J-1 stamping if I already applied for Case number to DOS
 
I think in that case the best would be just to stay in US till the status rolls over to H1 in July 2007.
 
H1 processing

I have a follow up question on H1B processing.

1. I will be starting fellowship on H1 in a Univ affilated program (after Hardship waiver - Hopefully will go through - at DOS stage). Do I need to worry about cap?

2. Do I need a lawyer at all and if so will I pay the lawyer fees (or the program will)? What are the rules and common practice?

3. If the above stated fellowship is H1 cap exempt, then if I sign up with a non-exempt practice after fellowship - will I be under the cap or it will be a simple transfer? What are the complexities?

thanks
 
> 1. I will be starting fellowship on H1 in a Univ affilated
> program (after Hardship waiver - Hopefully will go through -
>> at DOS stage). Do I need to worry about cap?

Lucky you. Most fellowships don't do H1b.
If it is a university affiliated hospital I believe you are exempt from the cap on that grounds (the only waiver caused exemption is the Conrad30 waiver).

> 2. Do I need a lawyer at all and if so will I pay the lawyer
> fees (or the program will)? What are the rules and
> common practice?

Your employer has to file form I129. Some universities do this with in-house counsel and their HR department knows how to go through the moves (LCA and what 'X' s to mark on the I129). Typically, your employer would want an attorney to do the H1b filing for them. The FILING fee has to be paid by the employer, no exceptions. The attorneys fee could conceivably paid by you. For 'real' jobs, it is typically the employer who pays it, for fellowships they might balk at the expense.


> 3. If the above stated fellowship is H1 cap exempt, then if I sign
> up with a non-exempt practice after fellowship - will I be
> under the cap or it will be a simple transfer? What are the complexities?

I do believe that you would fall under the cap during this transfer (I could be wrong on this, anyone with better information please correct me).

Best way around that would be
A. get a PERM/I140/I485/EAD cooking from your future employer during fellowship (>9mo before end) so you never have to work on h1b for them (you should be board certified by then allowing them to file as specialist physician).
B. find work with some sort of university affiliated group or faculty practice plan. This might be at an affiliated community hospital but it would keep you the cap-excemption.
 
prior H1 exempt now non exempt employer . cap?

hadron said:
...... 3. If the above stated fellowship is H1 cap exempt, then if I sign up with a non-exempt practice after fellowship - will I be
under the cap or it will be a simple transfer? What are the complexities?

I do believe that you would fall under the cap during this transfer (I could be wrong on this, anyone with better information please correct me). .
Click to expand...
Yes. he will be subject to the cap.

..... if ur initial h1b is for an exempt employer ---- cap doesn't apply; but if you trasnfer to a nonemempt employer - cap will apply at the time of transfer.
in fact you may have to sit for sometime, if the cap is reached. and this will create problems in your status if your earlier H1b from exempt employer ends.
 
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