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  • Change of employer while on H1

    Hi,

    I am a medical graduate from Pakistan. I am planning to do a research assistant job in the US. I had a few questions regarding potential visa issues.
    1. How long will the processing for H1 take (The entire process)?
    2. I am intending to do the job till June 2015 in Shaa Allah. So if my contract is up till then, my visa would expire by then? Or will I still get a visa for three years? I am hoping to start training in a residency program in July 2015 in Shaa Allah at another hospital. So will I have have to come back to Pakistan and re apply? What is the procedure if employer changes? Will it be difficult to get the visa next time?
    3. Would it be better if I do the research assistant job on a J1 research and later covert it to J1 Clinical when I start the residency training in Shaa Allah?

    Any information / advice would be appreciated .

    Doc-on-board

  • #2
    Hello, Doconboard.

    Fresh H1B petitions are filed each year on 1st April. When the annual target of 65000 applications is met the window is closed. This happens quite fast, in a matter of few days. Normally, the applications outweigh the vacancies and hence a random computerized draw is conducted from all the valid petitions. Those cases that feature in the draw are then processed further.

    The final approvals are then mailed to the visa sponsors / employers, who then send it to the end petitioner. The work permit starts from October 1 of that particular year. It is normally granted for 3 years, and is extendable for another 3 years. However, some times, petitions are not approved, or the time allowed is less than 3 years. It all largely depends on the sponsor and the job offered by that sponsor.

    Now, the people who are already in the USA, e.g.: Someone on a student visa or some other visa (L1), can file for a COS (Change of Status) and switch to H1B status from their existing visa status. Those residing outside USA, their employer / sponsor mails them the approval (I797) which the petitioner / candidate needs to take to the local American consulate and ask for a visa stamp on the passport. If the consulate officer is satisfied, a visa is granted, else the visa is denied. Once the visa is stamped on the passport, the petitioner is good to go.

    Once in USA, the H1B can be extended, and employer can be changed too. All this can happen while being in the USA, without having to return. It is important to, all the time, maintain valid legal status in USA.

    I hope this helps.

    Wishing you luck.

    Cheers,

    Originally posted by doconboard View Post
    Hi,

    I am a medical graduate from Pakistan. I am planning to do a research assistant job in the US. I had a few questions regarding potential visa issues.
    1. How long will the processing for H1 take (The entire process)?
    2. I am intending to do the job till June 2015 in Shaa Allah. So if my contract is up till then, my visa would expire by then? Or will I still get a visa for three years? I am hoping to start training in a residency program in July 2015 in Shaa Allah at another hospital. So will I have have to come back to Pakistan and re apply? What is the procedure if employer changes? Will it be difficult to get the visa next time?
    3. Would it be better if I do the research assistant job on a J1 research and later covert it to J1 Clinical when I start the residency training in Shaa Allah?

    Any information / advice would be appreciated .

    Doc-on-board
    These are my personal thoughts. I am not a professional.

    Wishing you luck.

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