pgy-3, already spent 4 years with H1

E

em401

Registered Users (C)
Hello,
I am a 3rd year resident in internal medicine. My residency will over in July 08. My problem is, I already spent 2 years with H1 doing my research. So, the 6 year that H 1 can extend will be over by March 08. Even though I will find a job that will sponsor my green card, I am not sure if it will go through within half a year (Aug 07 to March 07). Will I be out of state? What can I do to prevent it? I am in panic, after I realize this. If you have any suggestion, it will be greatly appreciated.
 
You can recapture your H1B time, if you have any time spend out side of US during H1b status. otherwise there is no way you can extend your H1B.

If your spouse is on H1, you can convert your visa to H4 and you can complete your residency on H4 visa BUT YOU HAVE TO MAKE SURE THAT ALL THE MANDATORY ROTATIONS ARE COMPLETED BEFORE YOUR H1B EXPIRATION. you can keep non clinical rotations on H4 to complete your residency (It depends on Program director).

You can not use any NIW approved H1B for residency.

Thanks



em401 said:
Hello,
I am a 3rd year resident in internal medicine. My residency will over in July 08. My problem is, I already spent 2 years with H1 doing my research. So, the 6 year that H 1 can extend will be over by March 08. Even though I will find a job that will sponsor my green card, I am not sure if it will go through within half a year (Aug 07 to March 07). Will I be out of state? What can I do to prevent it? I am in panic, after I realize this. If you have any suggestion, it will be greatly appreciated.
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you can self petition for EB-1/EB-2 NIW if you think you meet the criteria. as long as you are approved for either, you can extend your H1B until you get your EAD. Check with an attorney to see if you qualify.
 
We came accross same situation

I was shortage of 3 months H1b visa to complete my residency, we requested our program about the situation and they agred to work on H4 with non clinical rotations then I switched back to H4 for a month then I started my H1 waiver job with NIW approval.

NIW is for working in Underserved area, I don't think you can use it for completeing the residency.
 
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