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  • H4 to H1 COS

    I am a physician and currently on H4 visa. I have cleared all my exams and probably next year in 2010 I will get my medical residency. Now I was called upon by one very reputed not for profit (not sure on this) medical teaching institute to work on research projects. I have extensive research/clinical experience background. They might sponsor H1 for their research projects.

    If they file for H1b and what if I denied of H1b in this gloomy economy? If I denied for H1b do I loose my current H4 status as well

    thanks

  • #2
    Economy may not impact the job that they have offered you if you have the right skills and are a fit candidate. There is still a shortage in the health care industry. The H1b may or may not be cap-exempt which they have to figure out based on their affliations.

    You cannot work until the COS is approved and they can PP it to get a result in 15 days if it is cap exempt by filing it right away. You have to start working after the COS is approved and get paid.

    H4 status remains if H1b COS gets denied.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thank you very much for your quick reply. Is there any way to know whether a particular institute falls under "not for profit" and "H1b cap exempt". I have gone thru FLC data for H1b for this particular institute and I could see H1b filled and granted all around year and not just in april. Can I assume that this particular institute is "h1b cap exempt" from the information I got from FLC data?

      Even if they do not file for premium H1 visa process, can I start working as volunteer without getting money or any other benefit on H4???

      thanks

      Comment


      • #4
        They could be cap exempt. Their HR should know. The fact that H1bs are getting approved all year round cannot be construed as cap exempt as they could be H1b extensions or transfers too.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          thanks,

          Oh yes that can be true as well. very good point. Well currently I am helpless as I can not contact HR department before Program Director approves my position. Well as I said in my previous post :

          "Even if they do not file for premium H1 visa process, can I start working as volunteer without getting money or any other benefit on H4???"

          thanks

          Comment


          • #6
            I would say volunteer research is allowed with no payment involved. And it should not be like work meaning you should be free to go anytime and arrive at anytime as it is volunteer work based on your choice.

            I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

            Comment


            • #7
              thank you very much txh1b for your valuable time and suggestions.

              Comment

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