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  1. #1
    chopper is offline Newbie 510 points
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    what do i do?????????

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    hello guys,
    Iam a Foriegn medical graduate, currently on F1 visa status, planning to apply for the 2007 match, looking for the hospitals which sponser H1 and J1 visas. At the same time I'll be getting married to an american citizen in april 2007(can't get married before that) and obviously planning to apply for green card.So my question is, if I match in the march 2007, do i have to do the processing of the H1 or the green card.
    Do u think explaining this situation to the Progarm Directors is good or bad.

  2. #2
    CanIMG is offline Moderator
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    Thats a tought spot to be in because you will essentially be forced to pay for two visas. Your program director cannot hire you if you dont have a work visa and that will mean getting H1B. Be careful of J1, you may not be able to avert the 2 year home residency requirement even if you are married (consult a lawyer). After you are married you will then apply for the green card which will take several months at least. That is a costly process but I dont see any way to avoid it as you cannot be married before april.
    CanIMG
    Moderator - Canadian IMG and Immigration Visa Forums

  3. #3
    dsheen88 is offline Newbie 510 points
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    What about OPT?

    Hi Chopper,

    If you have been attending school for last 9 months (as a F-1 student), why can't you apply for your OPT (optional practical training)? This will allow you to work in U.S. for up to one year.

    The H-1B cap has been reached for the current FY year. Your prospective employer(s) will not be able to sponsor your H-1B petition until April 1, 2007 with start date of October 1, 2007. Even if you are getting married in April and... then file for P.R. ("greencard" + work authorization), it take at least 2 to 3 months before you will get a "work authorization" card. You won't have your adjustment interview for at least 5 to 6 months later.

    Feel free to visit my immigration blog at Immigration Update for additional information.

    Hope this helps!

    Dave
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    For current immigration news and info please visit my weblog at:
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  4. #4
    CanIMG is offline Moderator
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    What's the situation with H1B cap exemptions?

    Quote Originally Posted by dsheen88 View Post
    Hi Chopper,

    If you have been attending school for last 9 months (as a F-1 student), why can't you apply for your OPT (optional practical training)? This will allow you to work in U.S. for up to one year.

    The H-1B cap has been reached for the current FY year. Your prospective employer(s) will not be able to sponsor your H-1B petition until April 1, 2007 with start date of October 1, 2007. Even if you are getting married in April and... then file for P.R. ("greencard" + work authorization), it take at least 2 to 3 months before you will get a "work authorization" card. You won't have your adjustment interview for at least 5 to 6 months later.

    Feel free to visit my immigration blog at Immigration Update for additional information.

    Hope this helps!

    Dave
    CanIMG
    Moderator - Canadian IMG and Immigration Visa Forums

  5. #5
    dsheen88 is offline Newbie 510 points
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    H-1B Cap Exemptions

    Quote Originally Posted by CanIMG View Post
    What's the situation with H1B cap exemptions?
    H-1B cap exemptions mostly applies or those employed or seeking employment at an institution of higher education, a related or affiliated non-profit entity, nonprofit research organization, or a governmental research organization. In addition to theses types exemptions, the USCIS was instructed to set aside 20,000 numbers to aliens who are U.S. graduate with advanced degrees (such as MD, MBA, JD and Ph.D., etc.) on an annual basis. However, the 20,000 set aside for the current fiscal year been reached as well (check out my blog at Immigration Update for more info re H-1B cap). Thats why many graduates who are running out OPT times have to resort to other venues to continue to stay and work in the U.S.
    ===================================
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    For current immigration news and info please visit my weblog at:
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  6. #6
    CanIMG is offline Moderator
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    Therefore university hospitals would be exempt as I have always understood it. I was also under the impression that even community hospitals with a university affiliation qualify as well. What is your thought?

    Quote Originally Posted by dsheen88 View Post
    H-1B cap exemptions mostly applies or those employed or seeking employment at an institution of higher education, a related or affiliated non-profit entity, nonprofit research organization, or a governmental research organization. In addition to theses types exemptions, the USCIS was instructed to set aside 20,000 numbers to aliens who are U.S. graduate with advanced degrees (such as MD, MBA, JD and Ph.D., etc.) on an annual basis. However, the 20,000 set aside for the current fiscal year been reached as well (check out my blog at Immigration Update for more info re H-1B cap). Thats why many graduates who are running out OPT times have to resort to other venues to continue to stay and work in the U.S.
    CanIMG
    Moderator - Canadian IMG and Immigration Visa Forums

  7. #7
    dsheen88 is offline Newbie 510 points
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    Quote Originally Posted by CanIMG View Post
    Therefore university hospitals would be exempt as I have always understood it. I was also under the impression that even community hospitals with a university affiliation qualify as well. What is your thought?
    Here is a recent post at my weblog that address this issue about non-qulifying institution...

    "The petitioners or H-1B employers who are not a qualifying institution could also based the exemption on the fact that the alien will be performing all or part of his/her duties at a qualifying institution. The USCIS has determined, based on Congressional intent, aliens that are not employed directly by qualifying institutions are exempt from the H-1B cap, provided that the petitioner (non-qualifying institution) could show their employment promotes the purposes of the qualifying institution that they will be working at. Therefore, petitioners who are not a qualifying institution can be exempt from the H-1B cap if they show that a “connection” exists between the work performed by the alien employee and the work performed by the qualifying institution.

    Here is an example: ABC Inc. is a for-profit marketing company, which typically is not a qualifying institution. ABC Inc. filed an H-1B petition on behalf of its employee after the normal cap was reached. In the petition, ABC Inc. indicated that the alien will be working at GOVLAB, a governmental research organization, which is a qualifying institution, to further the research organizations purpose by performing similar tasks to those that are preformed by the employees of the research organization. The alien employed by ABC Inc., a non-qualifying institution will be exempt from the H-1B cap, since he or she will be working at GOVLAB, a qualifying institution and performing the same tasks that the workers at the qualifying institution will be performing in the hopes of furthering the organization’s goals.

    The USCIS also defined what is meant by related or affiliated nonprofit entity and nonprofit research organization or governmental organization. According the USCIS, in order to determine if the related or affiliated nonprofit entity is exempt, the entity must be “connected or associated with an institution of higher education, through shared ownership or control by the same board or federation operated by an institution of higher education, or attached to an institution of higher education as a member, branch, cooperative, or subsidiary...”

    To see the full post go to my blog Immigration Update
    Last edited by dsheen88; 09-11-2006 at 01:29 PM. Reason: correct web link
    ===================================
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    For current immigration news and info please visit my weblog at:
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  8. #8
    adil_909 is offline Newbie 510 points
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    Hey everyone,

    I ran into this thread and felt like this might be a good place to ask my question, you all might be able to help me. I am a Pakistani citizen currently doing a bachelors degree at a liberal arts college in PA (I'm on an F-1) visa. I'm going to start applying to med schools this summer and am considering the Caribbean schools. But I need info about how this returning to the US business works since I'm not a US citizen, so I was hoping someone could help me (dsheen88 maybe?) or direct me to someone who can.

    Basically, if I understand correctly, many of the Caribbean med students do their clincial rotations in the US. How would this work for me? Would I have to apply for a seperate visa to do this or what?

    Also, lets say I pass USMLE's and want to do my residency in the US. What's the procedure then? Do a lot of foreign students (non-Americans with a medical degree from outside the US) apply for residency programs in the US, what procedure to they follow, and how tough is it?

    Thanks so much, really hope someone can help me out!

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