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what kind of visa for fellowship
- Thread starter bmraovic
- Start date
Yes. You might actually be faced with a situation where your ONLY choice is a different visa typically J1.
Hospitals have an unnatural fear of filing H1bs for fellows. After all, you are a residency trained physician, if employed on an H1b and working you a__ off on a minimal salary, you could turn around and complain to DOL about these 'exploitative labor practices'.
Hospitals have an unnatural fear of filing H1bs for fellows. After all, you are a residency trained physician, if employed on an H1b and working you a__ off on a minimal salary, you could turn around and complain to DOL about these 'exploitative labor practices'.
Well, if you have a stack of publications, you are a reviewer for JAMA and there are scores of people in high places who think that you are 'the best thing since sliced bread', go for it !
Yes, there are people who have done fellowships on O1s, but it is surely nothing you can bank on.
The criteria are very similar to EB-1 EA petitions. As a USCIS officer put it to me: 'Well, it's like trying to proove to us that you can walk on water.'
My 5 cents on visas for fellowships:
-- If you have a J1 for residency, there is not too much choice
-- If you have an H1b, you run into the problem that many fellowships don't sponsor a continuation of it.
-- If you have a H1b and are able to find someone to file a labor cert for you during residency, you might be able to do your fellowship on EAD (the EAD is not limited to the prospective employer).
-- If you come only for a fellowship, the J1 is no problem if you intend to return (but who does).
-- If you come for a fellowship first and residency afterwards (yes it happens), you have to be careful in what you write on the initial J1 application bc you are only allowed one change in specialty.
Yes, there are people who have done fellowships on O1s, but it is surely nothing you can bank on.
The criteria are very similar to EB-1 EA petitions. As a USCIS officer put it to me: 'Well, it's like trying to proove to us that you can walk on water.'
My 5 cents on visas for fellowships:
-- If you have a J1 for residency, there is not too much choice
-- If you have an H1b, you run into the problem that many fellowships don't sponsor a continuation of it.
-- If you have a H1b and are able to find someone to file a labor cert for you during residency, you might be able to do your fellowship on EAD (the EAD is not limited to the prospective employer).
-- If you come only for a fellowship, the J1 is no problem if you intend to return (but who does).
-- If you come for a fellowship first and residency afterwards (yes it happens), you have to be careful in what you write on the initial J1 application bc you are only allowed one change in specialty.
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my problem is that I have only 3 months H1b left and I was told by a lawyer that labor certificate for a GC can not be filed till I actualy graduate.
It can be filed for extension. So, i am looking for some other options how to buy a time.
You are right for O visa I can just try to get for a job and not for a fellowship. Problem is that i can not work till I get it.
Do you know if can it be filed both H1B and O visa together, for the same job or H1b visa for one and O visa for other? The problem would be when H1b expires and if you are waiting to long for O visa.
What do you think about haveing inservice exams 2 above 99 percentiles and 2 98 percentiles and 10 publications and 15 abstracts could be enough. An inservice exam is something wich is mesurable and it is nation wide.
It can be filed for extension. So, i am looking for some other options how to buy a time.
You are right for O visa I can just try to get for a job and not for a fellowship. Problem is that i can not work till I get it.
Do you know if can it be filed both H1B and O visa together, for the same job or H1b visa for one and O visa for other? The problem would be when H1b expires and if you are waiting to long for O visa.
What do you think about haveing inservice exams 2 above 99 percentiles and 2 98 percentiles and 10 publications and 15 abstracts could be enough. An inservice exam is something wich is mesurable and it is nation wide.
Last edited by a moderator:
> my problem is that I have only 3 months H1b left and I was told
> by a lawyer that labor certificate for a GC can not be filed till I
> actualy graduate.
Your lawyer is correct. As I pointed out in another thread on the very same issue, a labor certification for a job other than 'board certified fellowship trained subspecialty physician' can be filed earlier. For example 'office manager' or 'physician general practice' can be done at an earlier time. If you file in a state that still accepts 'regular' labor certs, you don't even have to advertise. 2 years will pass and when the labor department contacts your 'employer' whether they want to further pursue the LC they just say no and thats it. (In the meantime you have a pending I140 from your real post-graduation job). Ficticious labor certs are filed all the time for this and other purposes. It is one reason why the system is so clogged up.
> You are right for O visa I can just try to get for a job and not
> for a fellowship. Problem is that i can not work till I get it.
I didn't say that. I just see that getting an O1 is apparently increasingly difficult. All the things we work so hard for, fellowship, a couple of papers, membership in our specialty college etc. are considered to be normal parts of our job and not signs of 'extraordinary ability'.
> Do you know if can it be filed both H1B and O visa together,
I believe you can, but a good lawyer would probably know better.
> would be when H1b expires and if you are waiting to long for O visa.
I believe you can file for premium processing for an O1, it is $1000 extra, but you know the answer in about 1 month.
> What do you think about haveing inservice exams 2 above 99 percentiles
It is nice but meaningless. I had 94th percentile in my inservice and almost flunked the written boards....
No, I don't think it is considered a 'national price'.
> and 2 98 percentiles and 10 publications and 15 abstracts could be
Also nice. But again, it only prooves 1 of the 3 criteria.
The key for O1 is to get strong letters of support from several top-level academic folks that certify that you are part the next Einstein.
> by a lawyer that labor certificate for a GC can not be filed till I
> actualy graduate.
Your lawyer is correct. As I pointed out in another thread on the very same issue, a labor certification for a job other than 'board certified fellowship trained subspecialty physician' can be filed earlier. For example 'office manager' or 'physician general practice' can be done at an earlier time. If you file in a state that still accepts 'regular' labor certs, you don't even have to advertise. 2 years will pass and when the labor department contacts your 'employer' whether they want to further pursue the LC they just say no and thats it. (In the meantime you have a pending I140 from your real post-graduation job). Ficticious labor certs are filed all the time for this and other purposes. It is one reason why the system is so clogged up.
> You are right for O visa I can just try to get for a job and not
> for a fellowship. Problem is that i can not work till I get it.
I didn't say that. I just see that getting an O1 is apparently increasingly difficult. All the things we work so hard for, fellowship, a couple of papers, membership in our specialty college etc. are considered to be normal parts of our job and not signs of 'extraordinary ability'.
> Do you know if can it be filed both H1B and O visa together,
I believe you can, but a good lawyer would probably know better.
> would be when H1b expires and if you are waiting to long for O visa.
I believe you can file for premium processing for an O1, it is $1000 extra, but you know the answer in about 1 month.
> What do you think about haveing inservice exams 2 above 99 percentiles
It is nice but meaningless. I had 94th percentile in my inservice and almost flunked the written boards....
No, I don't think it is considered a 'national price'.
> and 2 98 percentiles and 10 publications and 15 abstracts could be
Also nice. But again, it only prooves 1 of the 3 criteria.
The key for O1 is to get strong letters of support from several top-level academic folks that certify that you are part the next Einstein.
digressing a bit
Hi guys I'm digressing a bit here, but just wondering if any physicians in these forums have had experience using AC21 law to change employers??
for example does it make a difference if you are in traditional internal medicine practice and then want to change employers to go to hospitalist practice??
Hi guys I'm digressing a bit here, but just wondering if any physicians in these forums have had experience using AC21 law to change employers??
for example does it make a difference if you are in traditional internal medicine practice and then want to change employers to go to hospitalist practice??
> if you get a O1 visa for work and have only 3 months H1b left,
> can you applay for GC through employer or you need to applay but
You can apply any way you wish.
IF you manage to bamboozle USCIS into giving you an O1, I would take the same petition, change the title to: 'Petition for an employment based immigrant visa for aliens of extraordinary ability', fill out an I140 form and send the whole thing in.
If you find an employer who wants to sponsor you, the type of visa you are on doesn't matter (except J1 of course).
> can you applay for GC through employer or you need to applay but
You can apply any way you wish.
IF you manage to bamboozle USCIS into giving you an O1, I would take the same petition, change the title to: 'Petition for an employment based immigrant visa for aliens of extraordinary ability', fill out an I140 form and send the whole thing in.
If you find an employer who wants to sponsor you, the type of visa you are on doesn't matter (except J1 of course).