PGY2 IM resident. H1B expiring. Spouse GC in process - Hardon/Experts please help

sm11299

Registered Users (C)
I am doing my 2yr residency. My 6yr H visa term is getting over in Aug'06.
I still need 1yr to finish my residency. My husband applied for GC and
labor is pending.

What are my options ?

Can I get J1 visa ? Since my husbands GC is in process, I heard that it
is difficult to get J1 (because of the intent to become permanent resident).

Thanks
 
I don't know how often people have asked a variation of this question before, it got to be dozends of times (scroll further down, there have been some threads on this).

Bottom line:
DO NOT UNDER ANY CIRCUMSTANCES TAKE A J1 VISA. AS THINGS STAND RIGHT NOW, YOU WILL BECOME A PR AND LATER CITIZEN ALONG WITH YOUR HUSBAND. IF YOU TAKE A J1 YOU WILL BE THROWN BACK BY ABOUT 5 YEARS.

If you ask me, it is better to drop out of residency after the end of year two, go back to H4 and wait for the GC process to come far enough along to get an EAD for the PGY-3 year. That way, you loose a year or more, but you don't drop out of the GC pathway.
 
hi i guess options are like this.if you still got an year or so on h-1 try and find an employer who will file ur labour as his future employer.if ur labour is filed 365 days prior and pending you will get 7th yr extention.

recapture the months you spent out of this country if needed.

go back home for a year or so if you feel ur husbands g.c will take yrs ,get back with fresh 6yr h-1 visa.

or convert back to h-4 and wait till ur ead comes in.
which country are you from?whats ur priority date?

i don know if you can file ur own labour if you agree to work in under served areas and come under niw,so you will get ead and continue ur training

i am not sure ,may be experts like hardon can comment,best is talk to ur lawyer about ur options.
 
which world u in? labor only with perm now, cannot be pending 365

doc14 said:
hi i guess options are like this.if you still got an year or so on h-1 try and find an employer who will file ur labour as his future employer.if ur labour is filed 365 days prior and pending you will get 7th yr extention.

can comment,best is talk to ur lawyer about ur options.
 
PGY3 IM resident. H1B expiring. Spouse GC in process - Hardon/Experts please help

Hi Hardon/Experts,

You already answered many of my question but now my situation is little different.

I am doing 3rd year residency and my H1B visa is expiring on Jun 10th of this year.
I am shortage of 3 moths H1B visa but my hospital is agreed to waive those three months, so I can complete my residency by doing research work for those three months and take board exam.

What are the next options I have ?

My spouse labor is pending and he applied his labor in EB3 and it will take another 4-5 years to get EAD.

Is it a good option to go back to India for 1 year and come back to US on H4?

Is there any other country which I can think of for 1 year ?

How easy to come back on H4 ? I heard in India they don't give visa for doctors it seems.

Is there any options to get GC through NIW, I have only 4 months if I apply for I140.

Is it a good Idea to stay on H4 until I get EAD through my spouse ?

Thanks,
 
By the way. You don't have to go to india to wait out your year. Unlike the J1, an H1b can wait out the year anywhere in the world. This includes canada, I don't know how the market for locums internists is up there, but in their rural areas they are desperate for PCPs. And for the one year, it is not a big problem if they only give you the locums license. (canada is a b#$)_* of a medical license if you want to stay long-term. Short-term for these locums jobs it is fairly straightforward)

The best organized program for overseas docs is in British Columbia

www.healthmatchbc.org

Alberta and Saskatchewan have similar programs, but not as well organized. Yes, the climate in these areas can be extreme, but if your home country doesn't look like an attractive option for a year, look into it.

The other place to hang out for a year is australia. For example the 'area of need program' in New South Wales can hook you up with a job. Either as hospitalist/resident, or in a PCP setup.
http://www.health.nsw.gov.au/othp/

Queensland also has such a program. There are also agencies that hook you up with the requisite paperwork. Recently, the standards have been tightened after a disgraced surgeon from Oregon (indian-born, indian medical school, US residency) butchered a couple of people at Bundaberg Base hospital.

New Zealand also has a program for overseas trained doctors. With the USMLEs and US residency training you have a good starting position to get a locums job there.

Rather than fighting the battle with 7th year extension, pending immigration cases etc, I would seriously consider going home (or to one of the above countries) for a year or two. After that time, you can return on a new H1b or even on an immigrant visa.
 
6YR term ending + complicated situation

hadron said:
I don't know how often people have asked a variation of this question before, it got to be dozends of times (scroll further down, there have been some threads on this).

Bottom line:
DO NOT UNDER ANY CIRCUMSTANCES TAKE A J1 VISA. AS THINGS STAND RIGHT NOW, YOU WILL BECOME A PR AND LATER CITIZEN ALONG WITH YOUR HUSBAND. IF YOU TAKE A J1 YOU WILL BE THROWN BACK BY ABOUT 5 YEARS.

If you ask me, it is better to drop out of residency after the end of year two, go back to H4 and wait for the GC process to come far enough along to get an EAD for the PGY-3 year. That way, you loose a year or more, but you don't drop out of the GC pathway.

Hardon,

There is slight twist. When applying for my H1, the company/hospital lawyer requested H1 visa till June 2007 and INS granted the visa till June 2007 even though 6 yr period is ending in Aug 2006 (After we recapture time spent abroad). The lawyer says we are good till June 2007 and need not worry. He is reluctant to file for ammendment, since it will only harm us rather than helping us. Can you please tell us your openion ?

Thanks,
sm11299
 
since u can recapture time till 2007 june and now that its feb 2006 before june 2006 why dont you just file your labour for a future job,having done that you will get 7th yr extention.

are you having any one ready to sponcer ur g.c for a future employment,then you still have time.ur labour should be applied before ur 6th yr begins so as to get extentions.

i am once again not sure,talk to ur lawyer though.
 
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