Residenct Physician H1b to GC ?

[nikhil2381]

I am currently in the second year of my H1B visa as on March 24 2007 doing research work for hospital "A" .Hospital "A" sponsored my H1B from 1 Aug 2005 to 1 Aug 2008.


I will accept a 3 year medical residency offer from Hospital 'B' in Novermber 2007. But Hospital 'B' wants me to join them from June 2008.

Now till June 2008 I Will complete almost my 3 years of H1B visa which was sponsored by Hospital "A" and from that time onwards I have 3 more years to do residency --- which will bring me the end of my medical residency as well as my maximum 6 year period of H1B visa.

So now my concern is to save as much time as possible for H1B visa even if I have to leave my Hospital "A".

Lets say if I leave my Hospital "A" in November to go for vacationing in my home country for 1 month ---- Will this 1 month count towards 6 yr H1 period ?

Also Can I file for H1 transfer after quitting the hospital 'A" in Dec 2007 and spending the time till June 2008 in My home country preparing for H1B visa for Hospital "B" ?

How long can you stay on active H1B visa outside USA ?


What would be the best step to take in this case if my prime concerns are (1) NEW JOB STARTING JUNE 2008 and (2) Get the time from November 2007 till June 2008 towards my 6 year of H1B if I am ready to spend this entire period outside the US ( in my home country )

 

[ajasha]

I am currently in the second year of my H1B visa as on March 24 2007 doing research work for hospital "A" .Hospital "A" sponsored my H1B from 1 Aug 2005 to 1 Aug 2008.


I will accept a 3 year medical residency offer from Hospital 'B' in Novermber 2007. But Hospital 'B' wants me to join them from June 2008.

Now till June 2008 I Will complete almost my 3 years of H1B visa which was sponsored by Hospital "A" and from that time onwards I have 3 more years to do residency --- which will bring me the end of my medical residency as well as my maximum 6 year period of H1B visa.

So now my concern is to save as much time as possible for H1B visa even if I have to leave my Hospital "A".

Lets say if I leave my Hospital "A" in November to go for vacationing in my home country for 1 month ---- Will this 1 month count towards 6 yr H1 period ?

Also Can I file for H1 transfer after quitting the hospital 'A" in Dec 2007 and spending the time till June 2008 in My home country preparing for H1B visa for Hospital "B" ?

How long can you stay on active H1B visa outside USA ?


What would be the best step to take in this case if my prime concerns are (1) NEW JOB STARTING JUNE 2008 and (2) Get the time from November 2007 till June 2008 towards my 6 year of H1B if I am ready to spend this entire period outside the US ( in my home country )

Nikhil
You can capture anytime you spend out sode US for extension of H1B1 beyond 6 years.
But why are you interested in doing this. If you have done some publications in your research , then after joining residency you should apply for Green CArd bith NIW and EB1Ea.
Other option is during your 2nd year of residency , find an employer who is willing to file a green card as prospective employer. If your LC or 140 is pending for more than 365 days then you can get H1B1 extended beyond 6 years. And if you get your green card then you don't need the H1B1.

 

[nikhil2381]

Nikhil
You can capture anytime you spend out sode US for extension of H1B1 beyond 6 years.
But why are you interested in doing this. If you have done some publications in your research , then after joining residency you should apply for Green CArd bith NIW and EB1Ea.
Other option is during your 2nd year of residency , find an employer who is willing to file a green card as prospective employer. If your LC or 140 is pending for more than 365 days then you can get H1B1 extended beyond 6 years. And if you get your green card then you don't need the H1B1.

Thanks for ur reply

as u mentioned earlier that during PGY@ I can find someone to file for me.

As per my knowledge one has to wait till he completly garduates ....i.e after 3 yrs of IM residency he qualifies for GC filing.

Orelse in PGY2 a GC can be filed but under Job Title - " General Practioner "

Can u elaborate more on this if u know ?

 

[ajasha]

Thanks for ur reply

as u mentioned earlier that during PGY@ I can find someone to file for me.

As per my knowledge one has to wait till he completly garduates ....i.e after 3 yrs of IM residency he qualifies for GC filing.

Orelse in PGY2 a GC can be filed but under Job Title - " General Practioner "

Can u elaborate more on this if u know ?

My attorney told me that you can file anytime if there is an employer willing to file.
Try NIW and EB1EA. I was in similar situation. I worked in research for 18 months then joined my residency at different place. My NIW and EB1Ea both are approved. I am still in my PGY3.

 

[nikhil2381]

My attorney told me that you can file anytime if there is an employer willing to file.
Try NIW and EB1EA. I was in similar situation. I worked in research for 18 months then joined my residency at different place. My NIW and EB1Ea both are approved. I am still in my PGY3.

Thank you friend for ur reply,

Did u file for EB1EA and not EB2?

cos as far as I know one can only file under EB1 if he has some first author publications or PhD

and wht is NIW ?

My research I am not first author in any publicxation

I would be thankful if I can keep in touch with you thru ur email

can u email me at nikhil238@gmail.com

Thank u once again

 

[docboston]

Cant your present employer, Hospital B, apply for EB2?

If you already have a prospective employer, willing to sponsonr your GC during residency, then you shouldnt have any problems.
You dont have to wait till competion of residency for filing for a future job. Have him file for your PERM and get I 140 approved during your residency. Once I 140 is approved, you can use that to keep extending your H1b.

You will need your medicial license, so I hope you have it already. If not, take step 3 as soon as possible and get a license.

 

[jack786]

hey ajasha, Could you expand on what qualifications should I posess to get a research based EB1Ea or NIW. We all have read the generic guidelines for these things rather than specfic to resident physicians. I have 3 abstracts, 2 papers (1first author and 1 second author) and some other unpublished research and I have always felt that was not enough to qualify me for these catagories.

 

[ajasha]

hey ajasha, Could you expand on what qualifications should I posess to get a research based EB1Ea or NIW. We all have read the generic guidelines for these things rather than specfic to resident physicians. I have 3 abstracts, 2 papers (1first author and 1 second author) and some other unpublished research and I have always felt that was not enough to qualify me for these catagories.

I have about 8 abstracts (1 first author) and no full paper. I did residency in my home country.but it was unrelated field. My research is also unrelated to current residency.
This is when you need a good attorney. But attorney should be experienced in such cases.

 

[ajasha]

Thank you friend for ur reply,

Did u file for EB1EA and not EB2?

cos as far as I know one can only file under EB1 if he has some first author publications or PhD

and wht is NIW ?

My research I am not first author in any publicxation

I would be thankful if I can keep in touch with you thru ur email

can u email me at nikhil238@gmail.com

Thank u once again

I sent you an email

 

[mmed]

hey ajasha, Could you expand on what qualifications should I posess to get a research based EB1Ea or NIW. We all have read the generic guidelines for these things rather than specfic to resident physicians. I have 3 abstracts, 2 papers (1first author and 1 second author) and some other unpublished research and I have always felt that was not enough to qualify me for these catagories.

I think two papers and few abstracts in addition to few societies memberships, good recommendation letters from different places will qualify you for NIW as I did.