PGY3 IM resident. H1B expiring. Spouse GC in process - Hardon/Experts please help

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nshanthappa

Registered Users (C)
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,
 
You cannot do research without work authorization in terms of H1 or EAD. Make sure that your residency certificate does not reflect that. It will be constured as illegal work. I know 180 days can be pardoned but before doing this talk to someone well informed and even a lawyer if required. You can go to India and come back on H-1 thru residency and can then complete the three months if no solution is available now. That way you can restart your six year cycle. I do not know if any other option is available.
 
Before doing research, I will be completing all my mandatory rotations.I am going to do elective or non-patient care work on H4 visa. I have not taken my 3 weeks annual vacation, if they remove 3 weeks then they are going to waive only 2 months with replacement for my research work. This was already decide in the management level in legal way and it was also confirmed by attorny.
 
usually residency starts some time in july and ends by june after 3 yrs right?that means you just are in short of 3 weeks right?then why 3 months you are having to work beyond june?usually boards are taken when after completion or just about completion?
 
best thing as of now with all this retrogession is wait if any change in law happen next month,if they allow filing i-485 even if dates are not current ,then nothing like it,coz ur spouse will include ur name and you will be eligible for 7th yr extention.
i guess you should have filed for ur labour some time in 2 nd year,so by now if ur labour was approved and if you filed 365 days prior to 6th yr you would have got ur own extention for 7th yr.
if nothing happens in near future and if its going to take long time,then just take 1 yr vacation at home relax,and in mean time find a job as internist and get in with new h-1.
this retro thing has messed up all our lives.by the way whats ur priority date?when did you file ur labour?9-10 months ie from sept to july are just lost in the process of applying and matching etc.
 
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.
 
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i guess you should have filed for ur own g.c during ur second year of residency,so that you could have got 7th yr extention.did you try?how difficult is it to get a future employer to sponcer you g.c as his future employer?
do you have to be board certified only after completion of residency?if so when will you take ur boards?can it be taken in the 3rd year?
 
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