To thinktek OR bdj. Please help! - thirsty__crow

[ArchivalUser]

Hi,

You guys seems to be the seniors of me, Could you plz let me know how late have you heard/think a program would wait for you to take step3 and go on H1( Specially if the state requires the license first)? My friend is going to take in mid April and result will be out in first week of May. Please give me some inputs on how to approcah this matter with PC/Program?

Thanks.

[ArchivalUser]

Sorry not sure. when you only need H1 and program/you are willing to pay for premium processing approval will be back in two weeks. If your friend is here is easier if your friend is outside I'm not sure whether they need extra time as the visa stamp/appointment at the embassy needs to be in the passport before entering the country. Just talk to them let them know this was the fastest time that you could take it. They are usually very good about it
GL

[ArchivalUser]

Thanks bdj, My friend is here. Do u mean she shd get H1 visa and stay here and get it stamped when she levae the USA? Coz I have heard this. paying for premium processing is not an issue.

Thanks.

[ArchivalUser]

which visa is she on? If it's tourist I am almost sure she probably has to leave. Tourist visa can't be changed to employment visa only to F1 which is student. (I think again do research b/c I am no lawyer...but that is what I was told once).
If she is here on any other type of visa (J1, J2, H4, F1 etc) and able to remain legally in the country until she begins then yes, I would recommend to stay in the US start her residency or get her H1 before leaving. She would still have to get a stamp whenever she leaves the country and she must be aware that she may be subject of security check-up before they put the stamp (which can last anything from 1-6 months) some people in my spouse's program have suffered this delay despite the fact that H1 had been approved and they were working.
This can also happen if she leaves the country before applying to the visa (if she has to leave) and nothing absolutely nothing can be done to change/expedite. Dept of State has the last say if they pick you for security check.

GL
BDJ

[ArchivalUser]

hmmm bdj,

she is on B1/B2. I think best would be to convince the program and go back for stamping and come again for residency? Could you give me idea how to approach this with the PC? I am sorry for bugging you, but just want to get the general feelings of experienced people.

I didnt get you point that security check problem can also happen even if she leaves USA b4 applying visa, I was thinking to go back to India and apply from there, as I am done with step3.

Thanks.

[ArchivalUser]

hi thirsty crow on what visa ur friend has come usa to take the interviews.what are the documents he/she has to show for that.can you please help me with this. thanks in advance

[ArchivalUser]

B1/B2 visa, you have to contact some agent he will guide you through the process. Its easy to get visa for USMLEs these days.

GL.

[ArchivalUser]

Thisty:
1. Double check everything I say with an immigration lawyer they know best
2. If you are on any of the visas that I know for sure will not have a problem transfering (H4, F1 or J2) you don't have to leave the US to change your status. So the processing can take place while the person is still legally in the country
3. If you do processing while in the US and it is approved, you can start working without the need to have a stamp on your passport BUT
4. Whenever you leave the US (even if it's not to go to your country even if it's for a conference) you ARE NOT allowed to enter without a stamp in your passport which means that:
4b. You have to get an appointment at a US embassy to get your passport stamped.

In either event (not physically in the US at the moment of approval OR leaving the country and needing your passport stamped) the two week processing premium is only to approve the visa. This means that there is always the risk that when you show up at the embassy for the stamp (since you need it to get bak into the country or for your first entry) a WARNING TAG can be triggered.
Nobody know how this works this is national security. If that happens, the embassy is not authorized to issue the visa until the Dept of State clears you to re-enter or enter the country. That process that nobody knows how is handled again b/c it's national security can take from 1 to 6 months. That means that although somebody has an H1 approved it doesn't necessarily grant that you will be able to enter right away to the US. I know this because two years ago an intern in my spouse's program was delayed for 2 months. Later on that year somebody else went home for a two week vacation that ended up being 4 months of being stranded. Finally last year a fellow went to a conference and is still stranded it's been 5 months now.

Don't even mention this to the programs most are unaware of the situation until it happens once or twice. Just tell the PD that you have paid, and scheduled for step3 but the closest time that you found was end of april that you will continue checking to see if there is an earlier spot available (although you are not looking for it you just need to study right?) but that you also want to make sure that you'll pass so you also need time to be adequately prepared. Tell them when the reporting date is due and try to have all the paperwork ready so that when you get the report that is the only thing that is missing to submit the documents. I would pay premium anyways. That should mean that your friend must get her H1 approved by the end of may right? Still about 3-4 weeks before starting residency. What I have no clue is if the state requires licensing processing then she may be a bit late...Talk to the corresponding office. OR if she has to go through FCVS for validation of her credentials, then she needs to rush. FCVS timeframe for processing paperwork is 8-12 weeks after that they send docs to office of professions, and they may take 4 more weeks. So it's what? 3-5 months before getting the license and that is probably after her step3 result is out.

I hate to be so useless at times, but my best advice is to contact the GME office (Graduate Medical Education) and ask them these people do this all the time they do know either what to do, how to do it or who to contact. My program as I said has the international affairs office, an immigration lawyer that meets with you and the GME Counselor that also helps you out. I guess b/c I matched earlier and through SFM they had everything clearly stated in terms of my timings....

GL
Gotta go but I hope this is s/w helpful and again check everything I say. I am far from being a lawyer!
BDJ

[ArchivalUser]

i am sorry i may sound dumb but i want to get cleared.
what agents should i contact.

[ArchivalUser]

Thanks alot BDJ. God bless you.

GL.