Residency on H1B visa?

[coffeebythelake]

I'm a Canadian studying in an American medical school. Would I be at a competitive disadvantage when applying for residency programs in the USA due to visa requirements?

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[nev]

I'm a Canadian studying in an American medical school. Would I be at a competitive disadvantage when applying for residency programs in the USA due to visa requirements?

Hey there...First of all I think that since youre a Canadian Citizen, you wont need an H1B visa. You'd need a TN visa. So there could be different regulations for that.

 

[supa76]

try here:

http://www.premed101.com/forums/showthread.php?t=20803

bottom line, its a subjective disadvantage - programs would probably take a candidate without visa requirements (read extra paper work) over one requiring a visa, all else being equal. this mostly just applies to competitive specialties/locations.

now go study some head and/or neck!

 

[njbmd]

Moving to the General Residency Forums for comment by folks who are going through the process.

 

[NotAProgDirector]

The post by Ian Wong at the end of that thread is dead on. As a non-US citizen at a US medical school (presumably on an F visa), you would qualify for an OPT visa which would be good for your PGY-1 year, which would give you that year to get your H1 paperwork together, Step 3 included.

You will need to discuss this situation with each program to see what they will do, but many will try to make this work for you.

Problems you could run into:

Your OPT visa is only good for 1 year, no more. You will graduate on June 1st (or something like that). You will need your OPT visa to start the day afterwards, or make sure that you have some other bridging visa active until your residency starts. If your OPT starts June 1st, don't forget that it ends on May 31st and that you need an active H1 by then.

The OPT visa is generated by your medical school, not the residency program. Make sure, NOW, that your medical school will do this for you. I can't imagine why they wouldn't, but boy wouldn't that be an ugly surprise after the match?

This works out well in an extra way -- H1b visas are only good for 6 years. If you decide to do a fellowship, you often run up against this 6 year cap. By delaying the initiation of the H into your intern year, you will have some H time left after graduation from fellowship. If you start a job on an H visa, they can sponsor you for a green card.

Good Luck!

 

[solie]

I'm a Canadian citizen who did med school here in the US and now I'm doing a residency here as well, and I'm on an H1-B. There are quite a few programs that will only sponsor a J-1, so make sure to find out before applying, if you know you want to do the H1-B. I ended up wasting a lot of time and $$ by going to two interviews who only told me once I was there that they wouldn't sponsor an H1-B for me. Also, start saving up your $ now because it cost me over $2600 for the H1-B (including lawyer's fee).

Good luck to you.

 

[aster123]

Hi there,
I'm a foreign-born 3rd year medical student in a US medical school. As I'm approaching the end of 3rd year, I'm choosing a medical specialty and have my heart set on Anesthesiology. As you guys know, most Anesthesiology programs are advanced programs with the requirement of a medicine or surgery prelim year (not necessarily completed at the same institution as the advanced program). My game plan is to complete the one prelim year on OPT and then to apply for H1B for my advanced years.

Do you guys foresee this as being a problem (i.e. possibly not being at the same institution for prelim and advanced)? My impression is that there are far fewer 4-year categorical programs (which would be easier) than there are advanced programs with a prelim year requirement. I'm guessing that the institution where I complete my advanced training will be filing the H1B, right?

Also, do you guys have any experience in how easy/difficult it is to get a green card once you are on H1B?

Thanks!

 

[NotAProgDirector]

Here's the scoop:

Getting an OPT visa is very easy. The "sponsor" for the visa is your medical school, so it's actually not the internship's responsibility to get the visa.

Here's the problem: The OPT is good for one year, and exactly one year. You will likely graduate on June 1st or sometime in May. I believe that your OPT visa will start the day after graduation. Hence, your OPT will expire before you complete your PGY-1, so you will likely need your PGY-1 program to get you an H1b.

And then, you'll need to transfer that H1 to your advanced program. Apparently that's not very complicated, but I've never done it before. However, an H1b obtained "outside the cap" is only transferrable to another institution outside the cap -- this could be very important when you try to transfer your H1b to a job after residency.

As for a green card, you won't be able to get that via your H1b until after you graduate. In order to get an employer based green card, you'll need to have a "permanent position". I doubt you'd want a permanent position as a resident. Your H1b is good for 3 years, renewable once, so you should have enough time to complete your residency, get a job, and change status.

 

[aster123]

Thanks so much aProgDirector.
I have a couple more questions. Please pardon me, but as you know there are very few tangible sources of information for people in our position. I'm also concerned about these things as a 3rd year since I don't want to choose a specialty for which meeting visa deadlines is not possible. It would seem that choosing a categorical 4+ year residency would simplify visa issues although unfortunately my impression is that most Anesthesia programs are not 4-year categoricals.

Firstly, I was told that in order to apply for H1b, you need to have taken step 3, even if you are a graduate of a US medical school. Is this correct? If so, assuming that it's possible to take Step 3 early on during my intern year (in August, for example. I'm shooting for a residency in NYC so I don't know when it is offered), can I apply for H1b right after I get my scores back, or do I have to wait until the end of my OPT to apply for H1b? I would much prefer to start my intern year on OPT and then switch to H1b as early on in intern year as possible.

Also, I'm not sure I understood what you were saying about the H1b cap. Is that something that I would worry about when on OPT and trying to get an H1b, or only after completing residency on an H1b and applying for an attending position.

Thanks again, your advice is invaluable

 

[gutonc]

Re: Step 3, it's offered year-round (like Step 1 and 2CK), except for (IIRC) a 2-4wk period surrounding the New Year. Because FSMB is in charge of Step 3, each state has different rules about what you need to do in order to sit for Step 3. Most places require that AMGs either be enrolled in or have finished a PGY1 year...Connecticut is a notable exception and you can register for Step 3 through CT but take it anywhere (including NYC) as long as you've graduated med school.

 

[dystorsion]

so as a Canadian student in a US med school, one would be limited to seven years of postgraduate medical education? which specialties would be available in seven years or less? no ortho for me?!?!?!?

edit: actually it appears that ortho is five years...sweet! correct me if I'm wrong, plz. still I would like to know what specialties would be open for me. thanks

 

[sprint123]

I came across the article which states that OPT could be extend to 29 months. Will this apply to residency programs? Can I extend my OPT period to 2 years as stated?I doubt it though!

 

[f_w]

My 5 cents.
US universities and industry greatly benefit from the influx of well educated students from abroad to fill graduate programs US college graduates don't seem to be interested in (engineering, physics etc.). A good proportion of those students used to stay to take jobs in industry, usually on H1b visas. With the H1b quota at less than 50k, this path has become difficult. There have been temporary fixes giving graduates of US colleges an additional 20k quota, but a more permanent fix is needed. If there was a way to extend OPT to several years, it would give the employers opportunity to obtain green-cards for their immigrant staff, skipping the H1b step alltogether.So yes, this 29 month thing may come, depends on the balance in congress between right wing nuts (fence-builders) on one hand and left wing nuts (unionist isolationists) on the other hand.

 

[Faebinder]

f_w is our expert on H1Bs..

 

[buckley]

And then, you'll need to transfer that H1 to your advanced program. Apparently that's not very complicated, but I've never done it before. However, an H1b obtained "outside the cap" is only transferrable to another institution outside the cap -- this could be very important when you try to transfer your H1b to a job after residency.

Yikes someone kindly walk me through as I am going to change institutions from prelim to advance. So when do I have to start worrying about transferring the H1B?
If the H1B is valid for 3 years only, then I renew it to finish my program which is longer than 3 years. Does this mean I can't do fellowship on an H1B anymore? (I know it's too advance in the future, but I just thought this would be a good time to ask)

To the OP, I agree it's a subjective disadvantage to require a visa. I know of two hospitals who emailed me that they would interview me once my visa status changes. The first time around, I was too naive and had to call and ask exactly what they meant by that. There are also programs which shoulder the lawyer's fees and application fees, but you still have to shell out at least 1k!

 

[NotAProgDirector]

Thanks so much aProgDirector.
I have a couple more questions. Please pardon me, but as you know there are very few tangible sources of information for people in our position. I'm also concerned about these things as a 3rd year since I don't want to choose a specialty for which meeting visa deadlines is not possible. It would seem that choosing a categorical 4+ year residency would simplify visa issues although unfortunately my impression is that most Anesthesia programs are not 4-year categoricals.

Firstly, I was told that in order to apply for H1b, you need to have taken step 3, even if you are a graduate of a US medical school. Is this correct? If so, assuming that it's possible to take Step 3 early on during my intern year (in August, for example. I'm shooting for a residency in NYC so I don't know when it is offered), can I apply for H1b right after I get my scores back, or do I have to wait until the end of my OPT to apply for H1b? I would much prefer to start my intern year on OPT and then switch to H1b as early on in intern year as possible.

Also, I'm not sure I understood what you were saying about the H1b cap. Is that something that I would worry about when on OPT and trying to get an H1b, or only after completing residency on an H1b and applying for an attending position.

Thanks again, your advice is invaluable

You must take Step 3 to get an H1b, regardless of where you went to school. You are correct that you can take it during your internship. Once you have Step 3, you can apply for an H1b anytime, but see below.

The H1b cap works like this: Congress caps the number of H1b visas available each year. As mentioned by a poster above, H1b's are used in a variety of fields and the total number of H1b's is limited by federal law. I believe the "cap" is now at 60,000 visas. The visa year runs from Oct 1st to Sept 30th. Applications for H1b visas opens April 1st. In the last two years, all 60K visas were assigned in the first 24-48 hours. Hence, timing is everything.

Educational institutions and non-profits are often "immune" to the cap. We can get an H1b anytime. However, if you get an H1b outside the cap, you can only transfer it to another employer also immune to the cap. Hence, you could not transfer it to a private clinic, or non-academic setting. So, you're better trying to get one under the cap.

 

[f_w]

The INITIAL H1b is for 3 years. You can extend it for another 3 years with very little hassle (as far as there is something like that when dealing with the immigration service). Also, you can change employers very easily. You mail in the application for the change of employer and once you have a receipt notice from the goverment you can start working for the new company (AC21 law).

There is a way to extend your H1b past the 6 year limit. And that is if you have an immigration case pending before the USCIS for more than 180 days and it hasn't been adjudicated yet. So if you are in a fellowship and starting to run low on 'H-time' (time spent on H and L visas), you can look for an employer who is willing to sponsor you for a green-card while you are still a fellow. You can then use the pending case to get a 7th year extension (or you can finish your fellowship using an employment authorization document based on your immigration case)

This stuff can get incredibly complicated and I would suggest that anyone dealing with the immigration service get himself a good attorney early on.

Btw. The cap is 65000 H1b visas. However, a certain number of these visas is assigned to various countries the US has friendly trade relations with (Singapore, Chile and one or two others). So in the end is more like 54000 visas available for the rest of the world. In the late 90s, the cap rose up to 190.000 visas. But those statutory increases in the cap where the result of a more business friendly congress. In todays xenophobic anti-trade fencebuilding environment, there is little love in congress for another increase in the cap. Bill Gates is trying to lobby congress to do something, but in the meantime MS has decided to rather move the work to india or canada (where immigration laws are very favourable for educated professionals) than moving the workers to the US.

 

[aster123]

Educational institutions and non-profits are often "immune" to the cap. We can get an H1b anytime. However, if you get an H1b outside the cap, you can only transfer it to another employer also immune to the cap. Hence, you could not transfer it to a private clinic, or non-academic setting. So, you're better trying to get one under the cap.

So I guess this is good news for people on OPT doing residency,right? At least we could complete our residency in peace before facing the harsh reality of the employment world

Is anyone familiar with the requirements for Step 3. I know this sounds insane, but I was thinking of studying for it during the last two months of 4th year (assuming that I'm not completely burnt out) and then taking it right after graduating and getting my MD. This would allow me to get the ball rolling on my H1B sooner, but is this technically possible.

I know there are state-specific requirements for taking Step 3, and that gutonc had suggested that you could register for it through CT (which has fewer restrictions) and take your licence anywhere. Could anyone else comment on this? If this is the case, then I would imagine that all foreign-born nationals wanting to practice in the US would want to register through CT. I read on the FSMB website that you can only register for Step 3 through NYC if you simultaneously apply for licensure, which requires you to have a green card. This sounds insane. Please, someone tell me that I have misread this

 

[f_w]

and then taking it right after graduating and getting my MD. This would allow me to get the ball rolling on my H1B sooner, but is this technically possible.

Within the limits of the usual delays when dealing with medical boards and FSMB: Yes. ( you need to graduate in order to enroll, there is a processing period etc)

Could anyone else comment on this? If this is the case, then I would imagine that all foreign-born nationals wanting to practice in the US would want to register through CT.

Go through CT. FL and MD used to be good states as well (no GME requirement, no requirement to apply for license)

I read on the FSMB website that you can only register for Step 3 through NYC if you simultaneously apply for licensure, which requires you to have a green card. This sounds insane.

You didn't misread, and yes it is insane.

As a resident, you don't need a license in NY. The hospital sends your name to the state dept of education and receives a summary license for all its residents. Nothing you need except for your medschool diploma. Certainly DON'T register through NY if all you need is pass step3. You would be pi##ing away $700 for nothing.

 

[exPCM]

Since U.S. tax dollars fund US GME residency positions, I think there may be possible grounds for US medical school graduates to sue hospitals and residency programs if an IMG candidate on an H-1B or J-1 visa is selected for a residency program instead of a qualified US graduate who applied to the program. There was a poster on another thread who was trying to organize a class action suit in this regard. I have read that the intent of these visas are to bring in foreign professional workers when there is a lack of qualified Americans available to fill a position. My understanding is that these visas were not intended to bring in people to be hired INSTEAD OF Americans.

 

[f_w]

Since U.S. tax dollars fund US GME residency positions, I think there may be possible grounds for US medical school graduates to sue hospitals and residency programs if an IMG candidate on an H-1B or J-1 visa is selected for a residency program instead of a qualified US graduate who applied to the program.

On what grounds ?

I have read that the intent of these visas are to bring in foreign professional workers when there is a lack of qualified Americans available to fill a position.

If a non citizen candidate wins out in competitive selection process such as the match, doesn't that demonstrate that the US candidate didn't have the qualifications deemed necessary by the employer ?

(the J1 visa has nothing to do with the labor market. J1 holders are exchange visitors, just like a US citizen going to graduate school in europe or japan)

 

[buckley]

then I would imagine that all foreign-born nationals wanting to practice in the US would want to register through CT.

yep, that's the advice i got!



between img and amg of the same standing, of course, the amg gets the spot. rightfully so. but it also cannot be denied that many imgs contribute to the strength of US medicine, which attracts awesome MD's world over...can I say I'm part of that now? teeheehehe

 

[aster123]

This might seem like a straightforward question, but I'm a rookie at all this immigration stuff:

I am currently going to med school in NYC. And I (hopefully) will get into residency somewhere in NY and get an H1B. Now if NY requires a green card for licensure, and many residency programs do not offer the option to switch from H1B to green card during residency training (since residency training is not a 'permanent position'), then it is impossible to get licenced in NY immediately after completing residency training.

How does this pan out? Does this mean that while I might be fully trained and competent by the end of residency I cannot get my licence from this state? If so, how does one get licenced such that they can practice in NY? Can one get the licence in another state and still practice in NYC?

 

[f_w]

then it is impossible to get licenced in NY immediately after completing residency training.

correct.

Does this mean that while I might be fully trained and competent by the end of residency I cannot get my licence from this state? If so, how does one get licenced such that they can practice in NY?

NY has a very well oiled system of political patronage and corruption. If you local union boss agrees, people know people and anything can be fixed.

Realistically, you will have to go out of state for a couple of years and then come back.

While training in NY, you will notice that it blows as a place to practice medicine. So chances are, you won't actually have any desire to get a NY license once you are done.

Can one get the licence in another state and still practice in NYC?

Licenses are state specific. You need a NY license to practice in NY. (unless you work for the veterans administration or the military, then any US license will do. but they hire few noncitizens outside of j1 waiver positions)

 

[aster123]

Thanks f_w, buckley and aProgDirector for that great advice. So what you are saying is that realistically, after finishing residency in New York I'd have to move to another state to get my licence and perhaps an attending position, get the green card through that route, and then if I wish to return to NY I'd have to get a NY licence once I have my green card?

This is truly a sucky situation to be in. I was wondering whether you know of states where immigration status does not affect your ability to get a licence. The reason I'm asking is that, if this is the case, I will apply to more residencies in those states. Like all other medical residents, I don't want to have to move to another state to look for an attending position once I finish residency.

 

[f_w]

So what you are saying is that realistically, after finishing residency in New York I'd have to move to another state to get my licence and perhaps an attending position, get the green card through that route, and then if I wish to return to NY I'd have to get a NY licence once I have my green card?

Yes.
(the exception is if you go into a medically underserved area, somewhere along the canadian border. with some political intervention, you can get a 'special purpose' license, similar to the people doing J1 waivers)

I was wondering whether you know of states where immigration status does not affect your ability to get a licence.

The 50odd remaining states and territories.

In some states, you have to prove legal status (e.g. a visa that authorizes you to work such as a H1b or O1 or an employment authorization card). But those 50 states don't seem to see themselves as the enforcers of immigration laws.

Like all other medical residents, I don't want to have to move to another state to look for an attending position once I finish residency.

I would not eliminate NY based on those grounds. If you ever noticed, NY is right next to CT, NJ and PA, either of those states will gladly take you for a couple of years.

 

[aster123]

Regarding Step 3, does it have to be taken in the state in which you are doing residency? For example, if I am doing residency in Boston, do I need to register for Step 3 through Boston, or could I register through Connecticut (due to less restrictions), get my score, and then use it to apply for H1b through my school in Boston?

Reason I'm asking is that I'm not too sure of the purpose of registering for Step 3 through different states, as opposed to having a single national system (eg. for Step 1)

Also, this might sound like a dumb question, but do you need to be fully 'licenced' in order to graduate from a residency program? If this is the case and the green card rule applies to obtaining licences in NY, then obviously no non-US permanent resident could graduate from a NY residency program, which is obviously not the case/

 

[f_w]

Regarding Step 3, does it have to be taken in the state in which you are doing residency?

No.

or could I register through Connecticut (due to less restrictions), get my score, and then use it to apply for H1b through my school in Boston?

Yes.

of the purpose of registering for Step 3 through different states, as opposed to having a single national system (eg. for Step 1)

It allows some state medical boards to make an extra buck of the suckers who are willing to pay their markup.

, but do you need to be fully 'licenced' in order to graduate from a residency program?

Some boards, e.g. the board of neurology and the one for ophthalmology require you to have an unrestricted license in order to sit for the board exam. But they don't care which license it is, back in the days, Indiana cost something like $80 and was easy to get, so all the FMG neurologists who never intended to practice in the US got their indiana license, sat for the board and went home.

If this is the case and the green card rule applies to obtaining licences in NY, then obviously no non-US permanent resident could graduate from a NY residency program, which is obviously not the case/

You need A license, not a NY license.

 

[buckley]

Indiana.

I'll remember that

 

[Doc Ivy]

I am a Canadian and graduated from an American medical School. My medical school sponsored the one year OPT extension on my F-1 (student visa), this was easy to obtain it's just a matter of filling out the required paperwork in the spring of your 4th year from your medical school's international office-- do this now though, it takes about 6 to 8 weeks to get the OPT year(optional pratical training) approved and have your EAD card sent from the government (emplyoment authorization dept). Without your EAD card you won't be able to start working as a resident so get this done in a timely fashion. Once that's done you have a year to get a more permanent visa status established.

My residency program is sponsoring my H1-b visa-- the HR department has an attorney who is putting together the application. I have my Washington medical licence, Steps 1 and 2. I have registered for but have not yet taken Step 3 yet which I was informed was ok. My plan is to take it next month. My 1 year extension is up on June 30th, and my H1b application is pending. The process has been relatively smooth, but my program has been extremely helpful, and paid for all the legal expenses associated with the visa application. Not sure if all program directors would be so nice about the whole thing. I guess it would depend on how competitive you are and/or how badly they want to fill the program, etc etc

 

[aster123]

Thanks for that great information.

Couple of questions: Are you able to stipulate when you would like your OPT time to begin (eg. say you graduate in the end of May and would like your OPT to start in July), or does it automatically begin after you graduate?

Also, what was your strategy when it came to looking for residency programs (especially those that are perhaps friendlier to international students)?

One final thing: how were you able to get a medical licence without Step 3, and is there any benefit to doing so? I'm guessing that the requirements for getting a licence vary from state to state, but I was under the impression that you need step 3 in order to get a licence from most states.

 

[Doc Ivy]

I think it's pretty standard to get a limited medical license when you start your internship based on steps 1 and 2-- it allows you to prescribe certain medications but since you don't have your own DEA number you can't prescribe controlled substances like narcotics under your own name. Once you take step 3 your medical license becomes unrestricted.

Anyway back to the issue at hand. Your F-1 visa typically expires at the end of June, at least mine did, you can take a look at your I-20 form to see the expiration date. Your OPT will be dated exactly one year from that date, June 30 2008 in my case.

I didn't really tailor my applications to certain schools per se ---I applied widely knowing that I wanted to live in a large city and that I might be at a slight disadvantage based on my visa issues. But I did make an effort to find programs that were known as being "friendly" to foreign grads, since I figured they wouldn't be scared off by a Canadian with an American MD degree. Search through SDN archives to find which programs these are.

Hope that helps!

 

[f_w]

Once you take step 3 your medical license becomes unrestricted.

You can obtain an unrestricted license once you have step3, but passing step3 in and by itself won't turn your GME permit into an unrestricted license.

 

[gutonc]

I think it's pretty standard to get a limited medical license when you start your internship based on steps 1 and 2-- it allows you to prescribe certain medications but since you don't have your own DEA number you can't prescribe controlled substances like narcotics under your own name. Once you take step 3 your medical license becomes unrestricted.

No...once you take step 3, and complete at least 1 year (up to 3 for FMGs depending on the state you're in) of PGY training, then you can apply for an unrestricted license. But your limited/training license doesn't magically convert to unrestricted after you take Step 3.

 

[aster123]

Regarding the start date for OPT, I think that it can be up to 60 days from the date of completion of studies listed on your I-20, and not necessarily the day after your completion of studies. Please correct me if this is wrong.

My completion date is may 15th, so this makes a big difference to people such as myself since I need to apply for a prelim program and I don't want my OPT time to expire before my PGY-1 year is complete (especially since I might be doing my PGY-1 year at a different hospital from my advanced training).

 

[buckley]

okay, resurrecting this thread as I now find myself in the position that I thought was way tooo advanced 4 years ago...

So I am on an H1B visa, on the 5th year, and I am in my first year of a two year fellowship. Therefore, my H1B will be exactly to the end of my fellowship. I want to stay in the US. I have spoken to two lawyers and they both give me different advice. One of them tells me it is absolutely necessary to file a green card application 1 year before the H1B visa expires (thus 1 year before my fellowship ends), and the other says I have time to wait until a few months before the end of the H1B. As someone navigating the academic job market, I would prefer to get more time. I dont want to be pressured to sign on with a private practice group.

So my question is: Has there been anyone here who was able to carry out the greencard process after the end of the 5th year of the H1B?

Would really appreciate help

 

[C5toC9]

Can the H1b be renewed like the J1? Or max 6 years only

 

[NotAProgDirector]

It's complicated, but unfortunately (for you) the first lawyer is basically correct. When you apply for a GC, you qualify for extension of your H1b if your I-140 was filed at least a year before the expiration of your H1b. Take a look here: http://www.immihelp.com/visas/h1b/h1b-visa-extension-beyond-6-years.html You want scenario 2.

All that said, I ain't a lawyer and really just read websites, so this could be totally wrong. But most websites talk about the 1 year requirement.

 

[NotAProgDirector]

Can the H1b be renewed like the J1? Or max 6 years only

H1b's are good for 3 years, renewable once.

 

[buckley]

Thanks APD!

From what I gather, it is very hard to convince employers (especially academic HR departments) to file a labor certification for you 1 year ahead. I am of course still trying.

For the benefit of others who may find themselves in a similar situation as mine (I still refuse to believe my case is that extraordinary---how many people do four year residencies and 2 year fellowships?), apparently one option is the O1 visa if you qualify. This is NOT the same as the EB1 waiver for a greencard.

I'm still feeling my way through

 

[C5toC9]

Thanks APD!

From what I gather, it is very hard to convince employers (especially academic HR departments) to file a labor certification for you 1 year ahead. I am of course still trying.

For the benefit of others who may find themselves in a similar situation as mine (I still refuse to believe my case is that extraordinary---how many people do four year residencies and 2 year fellowships?), apparently one option is the O1 visa if you qualify. This is NOT the same as the EB1 waiver for a greencard.

I'm still feeling my way through

Why can't you renew your H1b?

 

[corviz]

Does anyone have experience getting your residency program/fellowship to sponsor your greencard under EB-2? I doubt that I am qualified for EB-1 and I am worried about the scenario that buckley is reporting.
I have started informal conversations with the program leadership in my residency program but the HR department seems to be convinced that residents are "trainees" and thus cannot have EB-2 sponsored for them. But since I get paid, am on H-1 and am clearly going to stay in my program for much longer than a lot of people, say in private companies (non-medical), are, I am not sure why the program would be unable to sponsor the green card. If anyone has experience with their program sponsoring EB-2 for them, would like to learn how they did it, hoping that I can encourage my program to do the same. Thanks!

 

[corviz]

Why can't you renew your H1b?

He is on his 5th year, meaning he already renewed it once. Can't renew it beyond 6 years total.

 

[NotAProgDirector]

Does anyone have experience getting your residency program/fellowship to sponsor your greencard under EB-2? I doubt that I am qualified for EB-1 and I am worried about the scenario that buckley is reporting.
I have started informal conversations with the program leadership in my residency program but the HR department seems to be convinced that residents are "trainees" and thus cannot have EB-2 sponsored for them. But since I get paid, am on H-1 and am clearly going to stay in my program for much longer than a lot of people, say in private companies (non-medical), are, I am not sure why the program would be unable to sponsor the green card. If anyone has experience with their program sponsoring EB-2 for them, would like to learn how they did it, hoping that I can encourage my program to do the same. Thanks!

A quick caveat: I am not a lawyer, the following could be wrong.

When someone on an H visa "converts" that to a green card, they apply in the EB-2 category. So, when we talk about getting a green card via an H visa, we are talking about the EB-2 process.

In order to sponsor you for an EB-2 position, the employer has to get a labor certification. To do so, the position you're hired into needs to be permanent. Since residency positions are temporary by nature (i.e. even if it will be a number of years as a resident, somewhere along the line you will finish and be done), the position doesn't qualify for EB-2.

 

[NotAProgDirector]

He is on his 5th year, meaning he already renewed it once. Can't renew it beyond 6 years total.

The only exception is if you have an EB-2 petition in process but can't get a GC because of priority dates (and you have to have started the process at least 1 year before your H expires)

 

[corviz]

A quick caveat: I am not a lawyer, the following could be wrong.

When someone on an H visa "converts" that to a green card, they apply in the EB-2 category. So, when we talk about getting a green card via an H visa, we are talking about the EB-2 process.

In order to sponsor you for an EB-2 position, the employer has to get a labor certification. To do so, the position you're hired into needs to be permanent. Since residency positions are temporary by nature (i.e. even if it will be a number of years as a resident, somewhere along the line you will finish and be done), the position doesn't qualify for EB-2.

By that logic, the only physicians who are eligible are ones who are tenured or tenure-track. I believe all others sign a contract with an end date. In any case, I haven't been able to find the official definition of "permanent worker" or "temporary worker" based on how UCSCIS see it..

 

[NotAProgDirector]

Many faculty contracts don't have an end date, or are presumed to be self-renewing. As long as your employer is willing to stipulate that your position is permanent, then they can sponsor you for a GC.

 

[sam1999]

7th year H1b extension.

My knowledge is several years old so there might be some changes.

For your H1b you need to be in USA for 6 years. Lets say you spent every month of your yearly vacations in your home country (remember this is time spent outside of USA). Now have extra 6 months.

Now 7th year H1b extension. Lets say you are in your 6th year of H1b. Either at the time of 7th year extension petition or by the end of your 6th time window, you must have active Labor certifcation or your green card petition like EB1 or EB2.

EB2 comes with 2 flavors.

EB2- objective choice. Immigration lawyer like that because it is straight forward, more paper work more money for them. less time to do some creative thinking. It has 3 steps, Labor certifcation, I-140 and I-485

EB2- subjective choice. If have have some extra ordinary qualities, like publish some thing awards, patents. Reason I said it is subjective because immigration attorney has to do some creative thinking why your are extra ordinary. It is very subjective as immigration office can reject it as well and they very often do. Beauty of this one is you can apply for both I-140 and I-485 at the same time. As soon as your I-485 is filed with BCICS your are legal in USA and you can seek employment authorization card and there is no need for H1b extension.

Consult a lawyer to decide what is best for you!

 

[buckley]

Thanks. It really is proving to be difficult to land a job more than a year ahead in academia. I'm crossing my fingers. Another road I am thinking of embarking on is the O1. But I will have to see.

 

[C5toC9]

If you are on an H1b as a resident, can you do a fellowship on that same H1b? Do they all count towards the 6 year H1b?