Starting Residency with 2.5yrs on H1

H

hlgc

Registered Users (C)
Hi,

My wife plans to start her residency in July 2006 on H1. The problem is that
she would be eligible for H1 only till Dec 2008 (because of 6yr H4+H1 limit)
which is about 6 months short. But, there is a very high chance that we will
recieve our EADs by 2007.

My concern is whether the limited (2.5 yr) eligibility for H1 will be a problem
for my wife in starting her residency on H1. I heard that the contracts are
signed on a per year basis (not for straight 3 yrs). Will that help her ?
Does anyone know if the H1s are approved in 1 year increments or for
straight 3 years ?

Thanks.
 
> My concern is whether the limited (2.5 yr) eligibility
> for H1 will be a problem

Beeing on H1b will be the bigger problem in finding a residency. I would try not to involve the program in the information that she has only 2.5 years left. You have reason to believe that she will have an EAD in time to finish her training so I think you don't need to complicate things in this way.

> I heard that the contracts are signed on a per year basis
> (not for straight 3 yrs).

Contracts are indeed based on the academic year. The H1b is usually applied for the 3 year period (or whatever is left in your case).

Is the GC case based on your petition ? Maybe if she can get someone to file a labor cert for her she could get a 7th year extension (pretending that she will file for her own GC).
 
1) Like HADRON said, see if you can get some one to file for a labor certification.
It need not be approved. It should be pending for more than a Year I think. It would be helpful if she applies froma state like NJ in limited reveiw. It will take at least two years for them to even look at the application :D

2) Is staying outside the country for 5-6 months an option for you guys. In that case see may be if she can stay for 5-6 months out side US befre joining the residency (after the interviews and match ofcourse). You can claim those years which will give her 3 years (barely I guess)

3) Did you file for 140 ?? Or are you still in Labor stage. I know it seems vey logical to get EAD by then, but do not assume anything...
 
IndoKiddo said:
1) Like HADRON said, see if you can get some one to file for a labor certification.
It need not be approved. It should be pending for more than a Year I think. It would be helpful if she applies froma state like NJ in limited reveiw. It will take at least two years for them to even look at the application :D

2) Is staying outside the country for 5-6 months an option for you guys. In that case see may be if she can stay for 5-6 months out side US befre joining the residency (after the interviews and match ofcourse). You can claim those years which will give her 3 years (barely I guess)

3) Did you file for 140 ?? Or are you still in Labor stage. I know it seems vey logical to get EAD by then, but do not assume anything...
Click to expand...

Hadron, IndoKiddo, thanks a lot for the replies.

The EADs would indeed be based on the application through my employer.
I'm still at the Labor stage (just starting). My guess for EADs by 2007 was based on the current estimate in California.

We *might* have the option to stay outside the country for 5-6 months,
thanks for the suggestion.

About the labor cert & H1 extension for my wife, shouldn't it have to be with the same employer (hospital/program) that she has the H1 from ? Do residency programs file for LC ?

Thanks.
 
> Do residency programs file for LC ?

You can't file a LC for a residency position. It is not considered 'permanent'. You can file a LC for 'physician general practice' which only requires 1 year of graduate medical education.

I don't know whether the LC has to be from the same employer or even for the same type of job.

If you are still at the labor stage (especially in CA), banking on the EAD's for 07 might be a bit optimistic.
 
LC can be filed with any employer. I mean the idea of sponsoring for green card is to show that employer is willing to hire a person indefinitely, upon GC approval, in a specified position. Technically a company can file for GC for a person who is not in US currently. Upon the approval the person can go to consulate in his/her country and come to US as GC holder and work.
so if you know any doctor who is already practicing and has good practice, that doctor can file for a LCA for a position requiring medical degree from any country. Idea here is that she will join that doctor once she gets the GC.
GC is profferred employment....
 
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hadron said:
> Do residency programs file for LC ?
If you are still at the labor stage (especially in CA), banking on the EAD's for 07 might be a bit optimistic.
Click to expand...

What happens if this turns out to be true, i.e. we don't get EADs even in 2008 :( Is it possible to complete year 1 and 2, take a break of say one
year and then join the 3rd year residency program ?

Thanks.
 
What specialty is she pursuing ?

The question whether the LC can be from a different employer was strictly in regard to the 7th year extension that glc's wife would need to finish her residency on H1b.

> don't get EADs even in 2008 Is it possible to complete year
> 1 and 2, take a break of say one year and then join the
> 3rd year residency program ?

Theoretically this is possible. I don't know of anyone who had to interrupt their residency due to immigration troubles, but it is possible to leave after two years and return for the third year. I know of some women who took a year off to have kids and to be with them for the first couple of months.
It might not be possible to return to the same program, but usually some program around the country will have an open position for a higher year resident.

It all depends on what specialty she is trying to get into. In a competitive specialty like surgery, none of this is going to work. In family practice or medicine, you will allways be able to find some place short of a third year resident.

I think her best bet is to get started and worry about these problems later. It is the medical training that makes her marketable, everything else will fall into place somehow. If she does family practice for example, she might be able to find a practice in a remote location willing to sign her a year in advance and file the labor cert for her. If it is in one of the 'fast' labor cert areas, she might even have her own I140 pending once the 7th year extension comes up. (this would also be a good safety if your company goes belly-up during your GC processing.)

The part I didn't catch is that all this won't come up until 2006. What is she doing right now ? Is there a reason she can't start in 05 ? Do you have little kids or something ?

Would you have enough money for her to enroll full-time in a university and get a F1 for the next two years ? An MBA or an MS in healthcare administration could be a big asset in finding an interesting job in medicine, at the same time she wouldn't accumulate any more 'H' time.

Good luck to you guys.
 
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Thanks a lot for the answers and suggestions.

The reason I said she'll start in 2006 is because she's yet to take the USMLE exams. She's preparing for them right now.

The idea about H4 -> F1 is good. How difficult is it to get a F1 these days ?
 
hlgc said:
Thanks a lot for the answers and suggestions.

The reason I said she'll start in 2006 is because she's yet to take the USMLE exams. She's preparing for them right now.

The idea about H4 -> F1 is good. How difficult is it to get a F1 these days ?
Click to expand...

Getting F-1 status is different from getting F-1 visa. Getting F-1 status is easier than getting F-1 visa. If she does not plan to travel out side US for say 1-1.5 years then she does not need a f-1 visa. But you never know when you have to travel.
Just need to apply to any university or community college(although University is better for getting VISA). Once they approve her application, then they issue I-20 and then she need to apply for F-1 visa. I think currenly you need to go out of the country to get F-1 visa.
Except for that it is pretty easy. As long as you can show financial ability, getting F-1 is not difficult. But when she lists that she has husband who is on h-1 the officer may say that she has intent to immigrate and may deny it. Talk to attorney before you go this way.
 
> she's yet to take the USMLE exams. She's preparing for them right now.

A bit of unsolicited advice on that: If she has the time, she should prepare really thoroughly for the step1. Unfortunately residency directors stare at these scores like they mean anything. A good step1 score allows her a better choice of residencies than a mediocre one. She already has the FMG 'stigma' working against her, stellar USMLE scores help tremendously to dissipate that. My USMLE's are a while ago, I have no idea how to really ace the steps nowadays, but from the perspective of someone now involved in the interviewing of candidates today, I can tell you that it is extremely important.
California is one of the most competitive areas to get residencies. The medical board of california makes it EXTREMELY DIFFICULT for FMG's to even start residency there. Most FMG's do their training somewhere in the northeast, actually most of them in the beautiful Empire state of NY. You might want to consider moving to wherever she finds a residency. I assume you are in IT, it might even be better for you to start your GC process anywhere else than california.

> The idea about H4 -> F1 is good.

I brought up the idea, I don't know whether it is actually a good one. But people switch from one non-immigrant status to the other all the time. I don't know whether it actually stops the 'H1' clock, but it might.

> As long as you can show financial ability, getting F-1 is not difficult.

I don't know what they use to determine financial ability for F1. If you have good credit, it might actually be worthwhile to take out some money and put it into a savings acount to demonstrate that you are able to pay for tuition. (they don't want your credit report, they want bank statements and W2s)

> who is on h-1 the officer may say that she has intent to immigrate
> and may deny it.

Well, an H status from what I know doesn't indicate 'immigration intent' in the way INS defines it. A filed I140 with your name on it or a spouse who is a PR or citizen indicates 'immigration intent'.

(Again, I am a doctor, not a lawyer. I don't know whether my medical advice is better than my legal advice, but sure as hell I have read more books on medicine than law.)
 
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hadron said:
Well, an H status from what I know doesn't indicate 'immigration intent' in the way INS defines it. A filed I140 with your name on it or a spouse who is a PR or citizen indicates 'immigration intent'.
Click to expand...

Yes, H-1b is still a non-immigrant visa and does not necessarily show an intent to immigrate. But when you apply for F-1 visa, the officer has to beleive that you will return back to your country after your studies. Otherwise they will give a form (I think 221g or something) and will deny the visa. Most of the times (At least in India, where I am from) it is tought to convince the consular officer that you will return when you have relatives in the US. So all I was trying to say is that when his wife lists down her husband name , there is a chance that officer might look that way. Especially if she is from a country like India. And if HLGC plans to do this , he needs to do it before he files for 140. If he files for 140, then it is tougher for his wife to get F-1.
Most of times people from a third world country like India are potential immigrants for many socio economic reasons. Everyone including the consular officer knows that. But they still give f-1 to some people with out any questions and for some other people it is hell.
 
> when his wife lists down her husband name , there is a chance
> that officer might look that way. Especially if she is from a
> country like India.

I didn't doubt your opinion in this issue. It all boils down to the bizarre 'intent' construct of INS. I just wanted to point out that it is not the same as the situation after the filing of an I140 or marriage to a citizen which essentially precludes you from visitors and F visas.

You mentioned that during a COS to F1 things might be easier. If she indeed enrolls at a college and attends classes after changing to F1, she shouldn't have a problem demonstrating her intent to continue studying with a 'letter of good standing', course records and transscripts.

I know, US consular officers in developing countries are hard-asses. Is ist possible to get a F1 in Canada if you are not a citizen or PR of canada ?
 
hadron said:
I know, US consular officers in developing countries are hard-asses. Is ist possible to get a F1 in Canada if you are not a citizen or PR of canada ?
Click to expand...

They suspended this (Ability to go to a consular office other than home country) after 9/11, but recently seen that some people went there and got their visas. But yes, if the country has a border with US, you can go for visa there and come back. I did extend my visa in Vancover (F-1) but that was way back in the clinton time.
 
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