question on J1 VISA

[jisapotato 0]

Dear VisaJourney community,

 

I am a Canadian citizen currently studying medicine in the US under the F1 visa. My ultimate goal is to stay and work in the US. Upon my graduation, medical school will require us to do a post-graduate training (basically working under supervision), under either the H1B or the J1 visa. I understand the H1B is straight forward pathway to staying in the US.

My question lies on how may I should I proceed to get green card from the J1 standpoint:

1)I understand there is a 2 years "return of service" duty that comes with J1, where after my training, I will have to go back to Canada for 2 years to be eligible to enter US again. However I also have read that there are J1-waiver jobs for physicians in the US, where if you work for 3 years in a medically undeserved area (the entire Arizona state falls under this category), you can skip the 2 years "return of service" requirement?

2)I understand that I will be working under the H1B visa if I enrolled in the J1 waiver jobs?

3)Do I automatically get a green card after I finish the 3 years J1 waiver job? Or am I only "eligible" to apply for H1B, then do the waiting time to eventually (years of waiting I heard?) get my green card?

 

Thank you in advance for your help!

[Transborderwife 4,666]

You do not qualify for the waiver with the facts presented.  Congress passed a law imposing the two year residency restriction and that those receiving medical education do not qualify for a "no objections" waiver.  

http://www.greencardlawyers.com/answers_for/Doctors/J-1Doctors.html

 

 

[Boiler 45,904]

Both J and H are non immigrant visa's. If you want a GC then you will need an Employer to sponsor you or a US Spouse.

[jisapotato 0]

Just now, Boiler said:

Both J and H are non immigrant visa's. If you want a GC then you will need an Employer to sponsor you or a US Spouse.

But I understand that it is common for H1B visas workers to ask for GC sponsor from their employers no?/

[jisapotato 0]

2 minutes ago, Transborderwife said:

You do not qualify for the waiver with the facts presented.  Congress passed a law imposing the two year residency restriction and that those receiving medical education do not qualify for a "no objections" waiver.  

http://www.greencardlawyers.com/answers_for/Doctors/J-1Doctors.html

 

 

J-1 waivers for physicians are available on the following grounds:

• A U.S. government agency requests a waiver of the requirement where the physician is actively and substantially involved in a program or activity sponsored by or of interest to such agency; or,
• A State Department of Public Health, or its equivalent, requests a waiver of the requirement on the physician’s behalf  (limited to 30 per state each fiscal year).

These 2 points are what I am referring to as J1 waiver jobs and I am qualifying for these after I graduate.

[Boiler 45,904]

2 minutes ago, jisapotato said:

But I understand that it is common for H1B visas workers to ask for GC sponsor from their employers no?/

Lots of them seem to want to stay, not sure how different it is to a J.

[caliliving 606]

I am pretty sure would qualify for the TN visa

http://canadiansinusa.com/Working-in-the-US/tn-visa.html

[jisapotato 0]

1 minute ago, caliliving said:

I am pretty sure would qualify for the TN visa

http://canadiansinusa.com/Working-in-the-US/tn-visa.html

I checked on the TN visa list, it says physicians are only allowed to teach, not practice medicine in the US under a TN.

Also I don't think TN would allow me to skip the J visa either...

[Transborderwife 4,666]

4 minutes ago, jisapotato said:

J-1 waivers for physicians are available on the following grounds:

• A U.S. government agency requests a waiver of the requirement where the physician is actively and substantially involved in a program or activity sponsored by or of interest to such agency; or,
• A State Department of Public Health, or its equivalent, requests a waiver of the requirement on the physician’s behalf  (limited to 30 per state each fiscal year).

These 2 points are what I am referring to as J1 waiver jobs and I am qualifying for these after I graduate.

 

4 minutes ago, caliliving said:

I am pretty sure would qualify for the TN visa

http://canadiansinusa.com/Working-in-the-US/tn-visa.html

TN cannot skip the hrr.  It's also not a permanent solution for residency.

[DrEllaNJ 288]

You should talk to the international office at your med school, as I haven't seen a whole lot of people on this forum in your situation. Have you considered doing a year of residency on OPT? that's only valid for exactly 1 year though, so you'd need some other type of visa to extend your residency.

An H1B visa is a temporary visa, but it is a dual-intent visa, meaning you can apply for a green card (if your employer sponsors you) without jeopardizing your H1B visa status.

The main takeaway is that you can't just apply for a green card - you have to be sponsored, either by your employer, or by a US family member (spouse).

 

[NikLR 13,231]

~~moved from general immigration to work visas.  While the OP would like to eventually stay, they need a work visa to work in the USA first.~~

[jisapotato 0]

22 minutes ago, DrEllaNJ said:

You should talk to the international office at your med school, as I haven't seen a whole lot of people on this forum in your situation. Have you considered doing a year of residency on OPT? that's only valid for exactly 1 year though, so you'd need some other type of visa to extend your residency.

An H1B visa is a temporary visa, but it is a dual-intent visa, meaning you can apply for a green card (if your employer sponsors you) without jeopardizing your H1B visa status.

The main takeaway is that you can't just apply for a green card - you have to be sponsored, either by your employer, or by a US family member (spouse).

 

Thank you for your response. I am going to use OPT to get by the first year of residency, regardless if I get a H1B or a J1.

For H1B I think I can just ask for GC sponsor from my employer without difficulty.

For J1, after some research I think the best approach to get GC eventually without leaving the country for 2 years is: J1 waiver job in an underserved area for 3 years while simultaneously file for EB-2, which if successful, by the 5th year from J1 waiver, I should be able to apply for GC (since apparently the EB-2 National interest waiver - working for 5 years in underserved area, includes the # of years you work under the J1 waiver job).

Edit: for the above scenario my sponsor would be the state's health department.

Edited January 23, 2017 by jisapotato

[randomstairs 309]

Apply for EB-2 NIW based on underserved area (so no need for employer's sponsorship). Check out Wegreened website and see if you qualify. If you file concurrently I-140/485 you don't need another visa to work/travel. The J1 sounds okay given your plan but my intuition is that it's way too complicated if you can get around it. So OPT --> EB-2 NIW and an early green card seem best to me. 

[kzielu 1,149]

19 hours ago, jisapotato said:

But I understand that it is common for H1B visas workers to ask for GC sponsor from their employers no?/

You can always ask. You can also ask potential employer for EB sponsorship without even being in US (although it is admittedly easier if employer knows you). Bottom line is H-1B itself does not give any path to permanent residence - once it is over and there is no sponsorship of some kind (change of status or whatever), then you have to go home.

[jisapotato 0]

On 1/24/2017 at 0:53 AM, randomstairs said:

Apply for EB-2 NIW based on underserved area (so no need for employer's sponsorship). Check out Wegreened website and see if you qualify. If you file concurrently I-140/485 you don't need another visa to work/travel. The J1 sounds okay given your plan but my intuition is that it's way too complicated if you can get around it. So OPT --> EB-2 NIW and an early green card seem best to me. 

Thank you for the reply. I would totally go directly for EB-2 if I can, but since I need a residency before practicing medicine (hence qualify for EB-2 NIW), I will have to either take a H1B or a J1 visa during my residency (training period for physicians). After which, I think both path can be followed by a EB-2 provided that I find a job in the applicable location.