J-1 to H-1B after being on J-1 for 1 yr and 4months

[nikhila]

Hi , this is a complicated situation, hence i need help ...

i was on J_1 visa for a year and 4 months doing my internal medicine residency in the US.
then i discontinued residency in Nov 2005; so basically i did not complete my entire residency tenure in IM. now its almost a year since ive been off J-1 and i want to apply through ERAS fresh this Sept 2006 for the 2007 match. i want to try to do IM residency again , this time on H-1B. ( im not allowed to repeat IM PGY-1 on J-1visa anyway).
so my question is can i do that ? does the 2 yr home return rule apply to me since i didnt utilize the entire duration of my J-1 ? (i should be allowed a maximum of 7 yrs on J-1 for residency training) im a canadian citizen by the way

appreciate ur input

nikhila

[rikky]

The 2 year HRR applies for J1 (clinical) visa, following the rule 212(e). It would be clealy noted on your visa when it was stamped on your passport. Once a J1, always a J1.

Anyway, by your account, you would be completing the HR requirement in Nov 2007. Match date for the 2007 is Feb/Mar and start date is July. Unless the program really wants you, can wait for you and is willing to sponsor for H1 and also allow a deferal of start date, it looks difficult.
Another thought, some states do have a requirement of only 1 year of PG training in ACGME certified hospital, like your IM PGY1, before giving a full licence to practice (do correct me if I am wrong). So basically, you might even be eligible to go for a full licence (and thereby practice in states, provided you have an appropriate visa/GC!). Check out medical licensing requirements.

[nikhila]

thank you much

so i guess that answers the qn on J-1. a lawyer would prob tell me the same thing, rite ?

[Scott1981]

Another thought, some states do have a requirement of only 1 year of PG training in ACGME certified hospital, like your IM PGY1, before giving a full licence to practice (do correct me if I am wrong). So basically, you might even be eligible to go for a full licence (and thereby practice in states, provided you have an appropriate visa/GC!). Check out medical licensing requirements.

theoretically yes, but thats not the whole picture. with only one year of residency, he/she ould not be board eligible. this will lead to problems with getting hospital privileges and getting set up with insurance companies for reimbursement.

[dsheen88]

Hi , this is a complicated situation, hence i need help ...

i was on J_1 visa for a year and 4 months doing my internal medicine residency in the US.
then i discontinued residency in Nov 2005; so basically i did not complete my entire residency tenure in IM. now its almost a year since ive been off J-1 and i want to apply through ERAS fresh this Sept 2006 for the 2007 match. i want to try to do IM residency again , this time on H-1B. ( im not allowed to repeat IM PGY-1 on J-1visa anyway).
so my question is can i do that ? does the 2 yr home return rule apply to me since i didnt utilize the entire duration of my J-1 ? (i should be allowed a maximum of 7 yrs on J-1 for residency training) im a canadian citizen by the way

appreciate ur input

nikhila


Nikhila,

The foreign residency requirement applies to you if:
1. Your program was financed by your government; or
2. Your program was financed by the U.S. government; or
3. Your country has been designated by the USIA as requiring your particular skills.

If the requirement does apply to you then you must:
1. Return to your country of nationality or last residence;
2. Reside there for two years.

Only when these requirements have been satisfied may you apply for a temporary worker visa (such as H-1, TN) or permanent residence (Greencard).

The only way to avoid the foreign residence requirement is by obtaining a waiver.

You May Be Eligible for a Waiver If:
1. Departure form the U.S. would impose exceptional hardship upon your spouse or child;
2. Return to the country of nationality/last residence would subject you to persecution;
3. Your admission to the U.S. is in the public interest according to the Attorney General; or
4. A no-objection statement from the home country (FMGs subject to additional requirements).

I hope this helps!

Dave

[nikhila]

Thank you much