Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Ask an Attorney - > Non-Immigrant Visa
Click to log in with Facebook
Non-Immigrant Visa This forum is for asking questions from Immigration Attorney.
--------------------------------------------
IMPORTANT DISCLAIMER:
--------------------------------------------
By participating in this forum or reviewing or reading a transcript or recording of any forum discussion or conference call, you agree that you have read and understand the following disclaimer:
The information provided in this forum as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials.
IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.

Reply
 
Thread Tools Display Modes
  #1  
Old 02-15-2011, 11:01 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2011
Posts: 2
sa.node is on a distinguished road
Smile A common question many in-training physicians facing (H1b visa extension)

All

I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/at...-subject-2.pdf
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

Thanks a lot in advance.
Bookmark and Share Compare Reply With Quote


  #2  
Old 02-16-2011, 11:32 AM
Senior Member
Priority Date
:
Dec-07
Category
:
EB1B
I140 Mailed Date
:
11/30/2007
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
11/30/2007
Compare
Join Date: Dec 2006
Posts: 588
raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute raysaikat has a reputation beyond repute
Default

Quote:
Originally Posted by sa.node View Post
All

I believe there are many physicians who are facing this question regarding H1b visa status. I hope this thread will help many resident physicians.

I am in final year of residency, on H1b visa (cap-exempt). I am looking for jobs and most of the H1b sponsoring employers are being subjected to cap (apparently due to stricter USCIS rules). If I fall in "under cap" category I will be able to start from Oct 1 2011. This creates problem for most resident physicians as they finish training at the end of June (as this is when their H1b expires).
So my questions is (with possible solutions that I have gathered so far, please advise me if these are true)...

Q. 1 What will I do from the end of my residency (i.e. July) till I start next job (i.e. Oct)?
OPTION 1: Request current residency program to extend your residency status by giving you full/part time Chief-resident/research fellow or similar type of status. but using this way means your training license will have to be extended as well.
Does that mean a new H1b application will need to be filed (which may be quite expensive for 3 months of stay, considering attorney fee, premium processing fee etc)?
Yes.
Quote:
Originally Posted by sa.node View Post
OPTION 2: Ask your future employer (cap subject) to show your starting date few days before your current H1b expiration date. This way your future employment will NOT fall in the cap-category. I gathered it from somewhere on this website though I doubt it will work.
Source- http://immigrationvoice.org/forum/at...-subject-2.pdf
This is not true. A cap-subject employer will always need an H1-B that is counted against the cap before you can start working for them.
Quote:
Originally Posted by sa.node View Post
OPTION 3: If you already have multiple entry visitors visa (B2) you may change visa status to B2. So when your H1b expires B2 kicks in. That way you can legally stay in the US (and sit for ABIM board exam). Havnt found any document to support if it is allowed and how easy this switch is. Heard from "friend of friend".
There is no automatic "switch". Your status inside US is determined by I-94 form. You would need to request USCIS for change of status to B2 VISA. You do not need a B2 VISA stamp on your passport for the change of status provided USCIS grants it.
Quote:
Originally Posted by sa.node View Post
OPTION 4: Go back to your home country for 3 months and come back before starting job. question is if this will cause any problem in coming back or any other legal issue.
This is the preferable option.
Quote:
Originally Posted by sa.node View Post
OPTION 5: If you have applied for ABIM board you may be allowed to stay till your board (mid-August). Though I have heard its true only for J1 holders. If it does work for H1 holders how does this process work?

Thanks a lot in advance.
[quote=sa.node;2357341]

I do not know what is ABIM, but you cannot legally stay in US past the date on your latest I-94 form.
__________________
I am not a lawyer. Use at your own risk any information given by me.
Bookmark and Share Compare Reply With Quote


  #3  
Old 02-21-2011, 03:26 AM
Super Moderator
Priority Date
:
Jul-07
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: May 2006
Posts: 1,535
paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute paskal has a reputation beyond repute
Default Abim

Option 5 is true for J1, since H1 is not a training visa however I do not think you can get an extension. For J1 it is a simple matter of getting a new sponsorship (used to be called IAP 66) from ECFMG.
__________________
Not a lawyer clearly- far from it!
iv-mn-mw: The MN State IV Chapter
iv-physicians:The IV Chapter for Physicians

To be a star, you must shine your own light, follow your own path, and not worry about the darkness, for that is when the stars shine brightest!
Don't be afraid to try something new, remember amateurs built the ark and professionals the Titanic!
Bookmark and Share Compare Reply With Quote


  #4  
Old 02-21-2011, 06:16 PM
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2011
Posts: 2
sa.node is on a distinguished road
Default

@Raysaikat, Paskal.
thanks for your prompt replies.
Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch.
I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)?
ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.

I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info.
thanks.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Similar Threads
Thread Thread Starter Forum Replies Last Post
Question on H-1b visa extension toosunneo Immigrant Visa 2 02-02-2010 01:01 PM
B2 Visa extension question? GCeffect Non-Immigrant Visas 2 11-13-2009 11:26 PM
Physicians: Fellowship visa/EAD question dollar500 AC21 Portability after 180 days of 485 filing 16 05-04-2008 07:56 PM
Training in SAP question RiaonH4 Out of status, employment gap and status revalidation 13 12-04-2007 05:58 PM
H1B - Stamping Question - Uncommon or Common? ThinkTwice Non-Immigrant Visas 6 11-17-2007 07:41 PM



All times are GMT -4. The time now is 01:02 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2022, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org