H1 visa to green card

[Jani]

hi everyone,

I am needing some good advise about the 2004 residency visa status.

I am wondering which one to choose H1 or j1.

I prefer H1 because this means I dont need to go back to my native country- Australia.

The question is with H1 how long does it take for green card processing, because I really want to be able to do a fellowship after completing my residency say in 2007 July, so I need a green card or a J1 visa by then to be realistic.

Thanks so much.

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[tl47]

Jani, the answer varies greatly. It depends on the field (perhaps even subfield for medicine), the political climate, your employer, etc. etc...

For example, my greencard application has been stalled for over 2.5 years now. The reason? Political: the mid-east war and 9/11 only made things really bad. Employer: laying off too many Americans, so cannot justify trying to get a foreigner to fill the places. etc. etc.

Of course, I'm not sure if they really really need foreign doctors or not, or how badly US need them. I'm not a doctor... so I don't know the answer for doctors, but there were TV documentaries on some foreign medical residence who have renewed their H1b once (you are only allowed once, for a total of 6 years), working in rural areas, who were unable to continue working because they didn't get their greencard.

Your best bet? Come here as H1b, get married to a citizen, and you get it in a few years (this is with the more stringent laws now... used to be near instantaneous).

Just curious: why you choose to practice in US? I hear many negatives (perhaps, except for citizens here), like the insurance/HMO/PPO problems, the excess of doctors (about 5-10% excess overall, more in cities, and lack of doctors in rural areas), etc..

 

[silenthunder]

Hey all,

Sorry Jani. I can't help you, but I wanted to make sure this was bumped back to the top so that someone might see it and answer it.

I am Canadian, and I am looking at the same situation. Very difficult to return to Canada to practice after getting med. education somewhere else. So I would need to stay in the states.
This question is probably relevant to just about EVERY Canadian who goes abroad for education.

Cheers all,

Silenthunder

 

[pxz]

It is a totally different process to get a green card from a H1B visa. For H1B, as long as your empolyer agrees to support your application, it is a slam dunk.

In order to get a green card, you have to demonstrate your outstanding ability, such as outstanding reseachers (OR) . This is about the only normal way you could do that. what do you need? Your CV, the reprints of your publications, and 8-12 recommendation letters. The recommenders must include their own CV with their letters, so you know you have to get the letters from some well-known guys.

Talk to a lawyer about this. s/he will tell you the best way to accomplish this. If you have no/little research experience, your lawyer might have other ways to get it done. Perhaps you are a world-known surgeon, you are being persecuted by your govtment, your country is in war, you have won three golden medals in olympics or you are just cooking better than Emeril (no kidding!).

I applied for the petition of OR in April 2001 and got it approved in August 2001. Then I filed I-485 and got my green card last month. I was through Nerbraska center. It is said that it is even slower in NY, CA, and TX.

 

[Jani]

PXZ Thanks so much,

so, I gather you a medical person. The reason I m asking is because I am applying for residency programs commencing in 2004 July.

From whst you mentined I guess, the best I could do is work on publications. But the question is does the hospital that employs me have a lot to do with green card processing as well ..?

 

[pxz]

Well, it depends. If your hospital supports you, that is great. However, it is rare for a hospital to support a resident for Green card application. It is too much hassle for the hosptial. I mean, a lot of program would not even consider appliants without green cards.

However, a reserach-oriented program gives you some opportunities to know some research professors, who might write the LORs for your in green card process.

It is funny you want LORs from clinical faculty when you apply for residency, then you need LORs from research faculty when you apply for green card.

 

[Jani]

pxz,

Ok, one final question. What do you think my chances are of getting the green card processed in 2004/2005- I will be happy to find a lawyer and pay the required fee.

presume I am getting into one quite academic hospital for a IM residency in 2004- remember I am in NY.
I am already doing research in one hospital though no publication has been released yet.

You could see how perseverent I am with this green card thing..
It is really a torture zone coming out of it, I believe.

 

[nychick]

It takes forever to process this kind of stuff. I think you should try for an H-1B, although I hear their number for next year has been reduced, and then continue to try for a Green Card through the Lottery and/or other channels. So take the Step 3 (use connecticut, every New York IMG I know uses that, you don't even have to go there to take the test, it's just for the purpose of filling out the forms), and good luck.

I don't know much about the Outstanding Researcher designation, so you may have a possibility there. However, I think you should instead try to play the Green Card Lottery. This is a diversity program run by the department of state. There is no fee and you just have to submit your data in EXACTLY the format they specify. Here are the instructions.
http://travel.state.gov/DV2004.html

If you are married, then you can submit 2 requests. One for yourself and one for your spouse. If either of you is selected, then both would become eligible for greem cards. However, make sure you do not submit more than one application--this will get you disqualified altogether and could lead to significant problems with the INS.

Anyway, hope things work out for you.