What should I choose ? H1 or J1 ?

M

mestep3

Registered Users (C)
Hello Folks,

I am currently in my third year of H1B visa and havent started my residency yet.
I will start my residency in 2008 after completing 3 yrs on H1 already. As the maximum time limit on H1B is 6 yeras I will utilise all this 6 years EXACTLY at the end of my 3year residency.

That means at the end of my residency my 6 years of H1b will also get exhausted.

What should I do? Is it worth starting my PGY1 on H1B or should I start on J1 and later struggle with waiver etc.

What is the best bet for me in this situation ?

Is there any way I can get someone to start my GC sponsor process in second year of residency ?

Thank You
 
If you know a clinic/hospital who will sponsor you 100% then you can risk going through residency on H1B. In this scenario the clinic files for your I140/1485 while you are in residency and hopefully priority dates are current and u get EAD before your 3 years of residency are up and u join the clinic on EAD immidiately after completing 3 yrs on H1B. Personally I feel there are lots of unknowns in this approach. You may run into trouble if the USCIS feels you are still in training and thus not qualified to be sponsored for permanent Job.

Or you can do your residency, leave US for 1 year and then come back with another 6 yrs of H1B.

Or you can join on J1. Almost every one eventually gets a J1 waiver but be prepared to jump through a lot of hoops. Atleast on J1, you wont have any problems during residency and your spuse will be able to work.
 
docboston said:
If you know a clinic/hospital who will sponsor you 100% then you can risk going through residency on H1B. In this scenario the clinic files for your I140/1485 while you are in residency and hopefully priority dates are current and u get EAD before your 3 years of residency are up and u join the clinic on EAD immidiately after completing 3 yrs on H1B. Personally I feel there are lots of unknowns in this approach. You may run into trouble if the USCIS feels you are still in training and thus not qualified to be sponsored for permanent Job.

BUT AREN'T WE SUPPOSE TO HAVE A PERMANENT LICENCE BEFORE STARTING THE GC APPLICATION?ALSO I HEARD OF A TERM CALLED 'GENERAL PRACTIONER' WHICH ALLOWS YOU TO FILE UNDER THAT TERM A GC COS IF YOU FILE AS 'INTERNIST' YOU SURELY NEED PERMANENT MEDICAL LICENCE.

I KNOW THERE ARE SOME STATES WHICH YOU CAN APPLY FOR PERMANENT LICENCE AFTER 2 YERAS OF RESIDENCY.IN THIS CASE DO I HAVE TO APPLY FOR JOB IN THOSE STATES ONLY? WHAT ARE THE CHANCES OF GETTING PERMANENT LICENCE FROM DIFFERENT STATE WITHOUT HAVING LICENCE FROM THE STATE YOU ARE DOING RESIDENCY?


Or you can do your residency, leave US for 1 year and then come back with another 6 yrs of H1B.

I HAVEN'T KNOWN ANYONE WHO HAS OR WHO CAN DO THIS? ISNT THIS EXTREMELY DIFFICULT? WHAT ARE THE CHANCES OF GETTING IT THROUGH AND WHAT ABT H1B CAP ETC ?

Or you can join on J1. Almost every one eventually gets a J1 waiver but be prepared to jump through a lot of hoops. Atleast on J1, you wont have any problems during residency and your spuse will be able to work.

QUOTE]DO YOU MEAN SHE CAN EVEN DO HER RESIDENCY ON J2?[/
Click to expand...
 
mestep3 said:
docboston said:
If you know a clinic/hospital who will sponsor you 100% then you can risk going through residency on H1B. In this scenario the clinic files for your I140/1485 while you are in residency and hopefully priority dates are current and u get EAD before your 3 years of residency are up and u join the clinic on EAD immidiately after completing 3 yrs on H1B. Personally I feel there are lots of unknowns in this approach. You may run into trouble if the USCIS feels you are still in training and thus not qualified to be sponsored for permanent Job.

BUT AREN'T WE SUPPOSE TO HAVE A PERMANENT LICENCE BEFORE STARTING THE GC APPLICATION?ALSO I HEARD OF A TERM CALLED 'GENERAL PRACTIONER' WHICH ALLOWS YOU TO FILE UNDER THAT TERM A GC COS IF YOU FILE AS 'INTERNIST' YOU SURELY NEED PERMANENT MEDICAL LICENCE.

I KNOW THERE ARE SOME STATES WHICH YOU CAN APPLY FOR PERMANENT LICENCE AFTER 2 YERAS OF RESIDENCY.IN THIS CASE DO I HAVE TO APPLY FOR JOB IN THOSE STATES ONLY? WHAT ARE THE CHANCES OF GETTING PERMANENT LICENCE FROM DIFFERENT STATE WITHOUT HAVING LICENCE FROM THE STATE YOU ARE DOING RESIDENCY?


You will need a permanent license for your application. There are a handful of states, or atleeast there were when I last checked, who would let you take step 3 after 1 yr. You can easily get license from a different state from the one in which you are doing residency. Most people do it, and I did it myself.

Or you can do your residency, leave US for 1 year and then come back with another 6 yrs of H1B.

I HAVEN'T KNOWN ANYONE WHO HAS OR WHO CAN DO THIS? ISNT THIS EXTREMELY DIFFICULT? WHAT ARE THE CHANCES OF GETTING IT THROUGH AND WHAT ABT H1B CAP ETC ?


Ya, its a big risk but an option.

Or you can join on J1. Almost every one eventually gets a J1 waiver but be prepared to jump through a lot of hoops. Atleast on J1, you wont have any problems during residency and your spuse will be able to work.

QUOTE]DO YOU MEAN SHE CAN EVEN DO HER RESIDENCY ON J2?[/
Click to expand...

Yes she can. My wife did and now already has her I485 filed, while I am hanging in retrogression limbo and waiting for 3 years to be completed.
Click to expand...
 
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