visa issues and practice options

J

jojo241

Registered Users (C)
Presently doing a residency on H-1 from a University program (cap exempt).
After completion, I plan on joining a private group/hospital.
Will my H-1 then come under cap?
If yes then it will be a problematic and hence is there a way around?
 
Are u sure?
I thought if you move from a cap exempt position to a non exempt position/job you re-file your visa and it comes under cap.
Does someone else know abt it?
 
psychmd7 is not correct.
to move from cap exempt H1b to cap H1b you have to apply like fresh cap H1 applicants (apin April and get started in october).Unfortunately this is the way. see you can try to get an EAD based on your current job. that will help to move to any employer.
Good luck
 
I am presently doing a residency in a University program. Can the program sponsor for GC right now? I guess not.
Hence once I finish residency what are my options?
What do other residents on H-1 do? Do you go into academics or underserved areas? Is there a way to go into private practice?
I am interested in going into private practice/group which I do not know if it is cap exempt.
I know that GC can be sponsered for future employment but can a private group sponsor my GC before the start of employment on my present cap exempt H-1 or GC process can only be started once they file a new H-1 according to the quota.
Somebody please help.
 
Private practice is not cap exempt and you are subject to the quota. Your future employer can start the GC process now. You don't need an H1B with that employer to apply for a GC. You don't even have to be in the US to file a I-140 in your name.
 
nscagony thanks for your reply.
Can you please elaborate more.

I let this private group X file for my GC now in 2009.
I finish my residency in June 2010 and start employment with grp X in July 2010.
Until then probably my I-140 will be approved or pending.
So then would I not need an H-1 visa sponsered by Grp X? And this would be under cap.

I am not clear about the whole thing. Please elaborate/guide with the timeline and when I should start the whole process. I am a PGY-2 right now and will finish residency in June 2010.

Thanks once again.
 
you need to have your I-140 approved and 485 pending for you to get an EAD to work. i donno your specialities. this are two option that i know of.
1.apply now for cap h1b through another employer(group/hospital) for the next job to start in october. you will need to file it by April.your state licensure should be enough to apply for that.prepared to sit at home or work in cap exempt institution unitl october.
2.get into another cap exempt program after residency this year and switch into cap insitution again next year(by step 1)
 
If you check your I-129 under numerical exemptions, it has a section stating: Has the applicant ever held an H1B before. I have several friends who went from non profit or University H1Bs to working for h1Bs that would normally come under cap had they not been on an h1B before.
 
From what I have seen thus far, all of the above scenarios are correct. I have seen people who have been counted toward the cap and some I know have not been counted toward the cap. Most of the people I have known have had no trouble getting to private practice or for that matter into so called "non cap exempt positions". Thats what I have also heard from several attoneys.
 
How do I find about the cap exempt positions?

desi2007: it will take quite a few years to get an EAD because of retrogression. So that leaves me with only academic position.

I wonder how do other H-1 residents/fellows manage? Do people go into academics/underserved until they have GC /EAD in hand and then move to private practice?
Or do people keep a backup plan in case they are not lucky enough to get the H-1 through lottery for the cap H-1 and then revert to academic/university position?

How about VA? Is that an option?

Also there are some hospitals/groups which are private but are involved in resident/fellowship teaching. Will these be cap exempt?

Thanks.
 
Instead of worrying about being counted against the cap, check with a lawyer. I doubt if you will be. If you are, then you have several other options: University or affiliated, VA, Non for profit hospitals or clinics not affiliated with universities. Check your I-129. It will tell you which categories fall under numerical exemptions.
 
I checked my I-129, it does not say anything about cap exempt. It just says that the petition is valid for the particular petitioner and for that duration.

How about the hospitals/groups which are private but are involved in resident/fellowship teaching. Will these be university affiliated and/or cap exempt?
 
The information is on the form- H1B Data Collection and Filing Fee Exemption which should be part of your H1B petition. In that form, read Part C-Numerical Limitation Exemption Information. You will answer YES for #5,6 which then exempts you from the numerical limitation.
 
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