Need help. anyone knows about applying for H1B visa after med school?

[sarang]

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Hello, everyone.
I am a 4th year medical student in US and applying for residency program next year. I took time off so I will match with class of 2008. The problem is that since I took time off I can't use my OPT for intership. My school just told me that even though I took time off I have finish everything as soon as possible. So I'll finish everything by Oct 2007 and the intership starts June or July for 2008. In order for me to stay in Us legally I have use my OPT visa.
Now, I am really worried about getting H1B visa for intership and residency.
Anybody know if the programs are willing to sponsor you for H1B visa even though you only have one year of intership and transfer to other program for residency? Please help me,, otherwise,, I have to go back to my country without getting a residency training...

 

[erichaj]

Someone can help you. They are called attorneys. Trust me, you need one.

 

[mmed]

To be eligible for H visa in residency you have to have step3 cleared (Department of labor requirement) and the residency program agree to sponsor the H.
Few programs sponsor H, see program’s web sites and contact them, because:
1. The program should pay the fees, more than $1500, if expedite, and it is not allowed for you to pay because if you do so you will be under the prevailing wage for H unless the salary is higher than that wage (I don’t know how much that minimum) which is usually not the case for PGY1 salaries
2. A lot of paper work will be done
3. Usually there will be delay to obtain visa stamp for H in most embassies abroad
4. Many hospitals have restrictions to H visa numbers (Cap). So, they usually keep it for higher levels not to be wasted for residents.
Good Luck!

 

[f_w]

- The expense for an H1b visa is considerable. Chances are, you won't find a hospital to spend the 2k in filing fees just for a 1 year internship.
- Yes you need step3. A number of states allow you to register without having started residency.
- Many hospitals that hire non-citizens don't sponsor H1b due to the relatively high expense involved as well as the fear that an H1b defines you as 'worker' rather than 'trainee' (i.e. you could insist on getting paid for overtime, union representation etc.)
- Most people who graduate from a US medschool and intend to stay do their internship on the OPT and use the years time to get an H1b. Depending on your specialty, your residency/fellowship might take the full 6 years. If that is the case, you don't have enough 'h-time' left to get your first job (which would typically sponsor your greencard).
- 'University affiliated' hospitals are exempt from the numerical cap. There is no 'cap' for individual employers except for the fact that they can't hire more than 15% of their staff on h1b which is rarely ever a problem with hospitals (attendings are typically not hired by the hospital but rather a practice).
- You don't need to get the actual visa in order to be able to start. H1b can be done with a change of status while you are in the US. (You will however need the stamp eventually for re-entry if you decide to leave the country for a vacation).

 

[sarang]

Thank you guys for replying.. I guess I need to contact the programs individually and for sure get a lawyer... And study for the step 3 early..
Thank you again for your info.... ^^

 

[mmu]

The other way is to consider doing research now, get H visa for research and file Green Card application based on either employment or extraordinary abilities. Green Cards through research are usually fast in processing, 1-2 years. And you can enter residency in 2008 holding EAD or Green Card which is the same for programs. Your chances are much higher if you don't need any visa.

 

[suntoucher]

The other way is to consider doing research now, get H visa for research and file Green Card application based on either employment or extraordinary abilities. Green Cards through research are usually fast in processing, 1-2 years. And you can enter residency in 2008 holding EAD or Green Card which is the same for programs. Your chances are much higher if you don't need any visa.

post docs are not employee in many universities
that means you can't file GC application through employment

several papers with good impact factor would help, but again NIW for EB2 could take more than 1 year (you could check processing time i.e. on shusterman's site)... and if you would get NIW denial that will close J1 way in residency for you

 

[sarang]

Thank you mmu and suntoucher for giving me suggestions..
For now I am going to just study for step 2.. do well...
Then I might just look for some 4 year program that includes PGY 1..
Even though it narrows my choices for program, I think that's the safetest way.. Of course I need to find the prgram that is willing to sponsor..
Or just marry to American citizen.. ^^ jk..

 

[f_w]

Or just marry to American citizen.. ^^ jk..

Certainly the preferred method to fix your current situation. It will also give you a lot more choices when it comes to residencies.

 

[mmu]

Agree with f_w and still recommend doing research.
If you under a good institution and have good attorney, there is a good chance to get Green Card approved. Your processing time in filing extraordinary abilities application is the same as marriage to a US citizen. Once you have EAD, you don't care about processing times anymore. I don't recommend J visa, it narrows your programs list. And you have to get rid of "subject to 2 year stay in your home country after completion of training", which is a headache.

 

[sarang]

Thanks to mmu and f_w... How did you guys become so expert on this matter?? just curious... any lawyers out there??

Thank you again... I'll look into research, too..

 

[Blitz2006]

Hey,

Very informative post, thanks f-w, mmu and mmed. Really appreciate it.

So with research, do you suggest then to do like a 2 Year Masters after residency? Or before? and are Masters programs in U.S 1 or 2 years? (HEre in Canada, its usually 2 years).

Also, what does PGY1 mean, as opposed to PGY2?

Sorry for the elementary questions, I am a 4th year undergraduate student at Queen's Univ. here in Canada, and am strongly considering doing medicine in UK/Ireland. However, I want to make sure I won't be in a jam after I complete my residency in the U.S....

Thank you.

 

[f_w]

Hey,
So with research, do you suggest then to do like a 2 Year Masters after residency? Or before? and are Masters programs in U.S 1 or 2 years? (HEre in Canada, its usually 2 years).

Ehm, no. This suggestion applies more to working as some sort of post-doc for two years trying to gain enough research credentials in order to be able to file under the 'extraordinary ability in the arts and sciences' or in the 'national interest waiver' categories.
This is certainly a possibility, but it is certainly not a very predictable way to get a greencard.

Also, what does PGY1 mean, as opposed to PGY2?

post graduate year 1 (1st year of residency also called internship). Post-graduate year 2 etc.

However, I want to make sure I won't be in a jam after I complete my residency in the U.S....

The original posters questions apply mor to the type of visa one needs to DO a residency.
If you gain admission into a US medical school and you have the money to pay your way, you won't have difficulty getting a F1 student visa. During residency you get a salary, so you need a visa that allows you to work. And that is either the H1b visa, the O1 visa, the J1 visa or a green-card.

 

[Blitz2006]

Ehm, no. This suggestion applies more to working as some sort of post-doc for two years trying to gain enough research credentials in order to be able to file under the 'extraordinary ability in the arts and sciences' or in the 'national interest waiver' categories.
This is certainly a possibility, but it is certainly not a very predictable way to get a greencard.



post graduate year 1 (1st year of residency also called internship). Post-graduate year 2 etc.



The original posters questions apply mor to the type of visa one needs to DO a residency.
If you gain admission into a US medical school and you have the money to pay your way, you won't have difficulty getting a F1 student visa. During residency you get a salary, so you need a visa that allows you to work. And that is either the H1b visa, the O1 visa, the J1 visa or a green-card.

Great, thanks for clearing up some stuff.

So basically, I want an H1b Visa. After reading through this thread, it makes it sound like it is very expensive/ "You need a good lawyer". So my question is, how realistic is it that while I do my residency I can obtain a H1b visa?

Thanks again for the help.

 

[f_w]

So basically, I want an H1b Visa. After reading through this thread, it makes it sound like it is very expensive/ "You need a good lawyer". So my question is, how realistic is it that while I do my residency I can obtain a H1b visa?

Every year there are plenty of residents who get H1b visas. As a foreign graduate, this can be difficult. US medical scholl graduates (who are not citizens or greencard holders) usually have less problems.

 

[Blitz2006]

Interesting.

So what exactly do all the international graduates who come to the U.S do when they do their residencies in America (ie. Carribean foreign graduates, Ireland foreign graduates, etc.) ?

They all take J1 visas?

After reading this thread, now I'm not so sure I want to do meds in Ire/England.....I didnt think staying on in the U.S would be such a hassle...

Damn.

 

[f_w]

So what exactly do all the international graduates who come to the U.S do when they do their residencies in America (ie. Carribean foreign graduates, Ireland foreign graduates, etc.) ?

Most of the carribean and a good share of the irish graduates are actually US citizens or permanent residents.

They all take J1 visas?

The majority of non-citizens with foreign medical degrees take J1 visas.

(and then there is the situation that the original poster is in. a US graduate who is not a citizen or PR. They almost have to get an H1b, because only in the US you can make enough money to pay off the debt incurred by US medical school education, so leaving the US for 2 years after residency is out of the question)

After reading this thread, now I'm not so sure I want to do meds in Ire/England.....I didnt think staying on in the U.S would be such a hassle...

If you want to practice in the US, try to get into a US medschool. It is expensive and the education is variable in quality, but as an entrance into the US medical system it is the best door.

 

[Blitz2006]

I agree, many are U.S Citizens,

But there are also a boatload of Canadians in the Carribean and Ireland (65% of North Americans in Ireland are Canadians, that is what Atlantic Bridge e-mailed me)

So I'm really curious as to what Canadians do after there residency in the U.S....Any Canadians out there?

 

[f_w]

So I'm really curious as to what Canadians do after there residency in the U.S....Any Canadians out there?

They either:
- manage to get an H1b visa for residency (e.g. by doing an internal medicine residency at a typically smaller less known program)

- do their residency on J1 (either sponsored by health canada or by a third country by paying off the respective official)

after a J1

- they either go to canada for 2 years (and sit around doing nothing because their own country hates them and won't license them)

- go to canada for 2 years and work in the bun doks.

- stay in the US on a 'J1 waiver' working in a medically underserved area for 3 years (not that easy to find good waiver jobs, most areas are underserved for a reason, usually the reason being that people don't have health insurance)

 

[Blitz2006]

Fair enough.

So you apply for visa before you start residency? I see...

I am interested in doing General Surgery/Neurology/Internal Meds/Emerg (Any one of those I would be happy with)

Realistically, would I have a decent change at getting a residency in one of those fields with an H1b visa?

 

[f_w]

Realistically, would I have a decent change at getting a residency in one of those fields with an H1b visa?

It depends less on the field and more on the individual institutions. Some well respected university programs sponsor H1b. Other institutions have strict 'no h1b' policies.

 

[Blitz2006]

Awesome.

Well thanks for answering all my questions f_w, I definetly have a clearer idea of what my future holds if I choose to go to Ire/England.

Thanks.