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nischalm

New Member
Hello all,

I will be applying for residency this coming year 2006. I am currently on H4 visa through my husband who is on H1B. My husband filed his GC through PERM EB3 category couple of days ago . Although his labor gets approved his EAD would take sometime due to retrogression.

I am open to join both J1 or H1 visa based residency. Now can the experts let me know if I would still be eligible for the GC through my husband even after taking up a J1 or H1 residency position.

Thanks in Advance
VM
 
H1b yes. J1 not untilyou do a waiver 3 yrs or the 2 yr home commitment. In your case it definitely makes sense to hold out for a h1b in my view.
 
H1b or not to be !

In your case, a J1 would be more of a problem than in most others. You could be facing a situation were you might not be able to take advantage of your spouses GC petition. As pointed out by doing 1 day of graduate medical education on a J1 visa, you would be ineligible to file for adjustment of status or an immigrant visa until you either A. Remained physically in your home country for 2 years or B. Obtained a waiver of the home residency requirement (either by work in a VA facility or a medically underserved area for 3 years).

When looking for residencies, you might notice that your choice of programs if you are looking for H1b sponsorship is smaller. However, it can make sense to take a sub-par family practice or IM position on H1b if that helps you to stay in the profession and to wait out the time until your EAD comes through. Once you have the EAD, you should have few problems finding a residency (H1b costs the hospital $$$$, J1 or EAD costs them zilch).

Stay away from the J1 in your particular situation. Rather wait another year or hang out on a prelim medicine year than accepting a J1.
 
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