Which work visa for Postdoc after 2xJ1

[travellingpostdoc 0]

Dear all,

 

I have been a visiting researcher at one of the top 3 US hospitals for a 6 months period under a J1 visa in 2016.

In 2017 I will return to the same University hospital again with the J1 visa for 6 months to finish my PhD research.

 

Afterwards I am considering to stay or return after a brief break of max 3-4 months for a postdoctoral position for 1-2 years. If we assume I got accepted for the position, would it be possible and what kind of visa would I have to look at for this process?

 

Like, for instance, is it possible to take the second J1 visa, do my 6 months of visiting research and then transition into a postdoctoral contract under a H-1B visa? Or would it be better (or even possible) to run it all under the H-1B visa from the start?

 

With best regards

 

 

 

 

Edited December 18, 2017 by travellingpostdoc

[Gemma 41]

Hi @travellingpostdoc

 

The answer to your question will depend on your U.S. institution.

 

Assuming that you are not subject to any home residency or repeat participation bar (see here for more information https://internationalaffairs.uchicago.edu/twoyearreq) you need to talk early and upfront about the visa with your department. Not all universities in the U.S. sponsor H1B visas for postdocs. In a good number of them, they reserve those visas for staff (say a research assistant position for instance). The international department on your institution is with whom you want to talk. 

[travellingpostdoc 0]

Dear Gemma, 

 

thanks for your reply. I'll get in touch with them shortly.

 

However I wonder, if H-1B's are reserved for permanent positions, what is the usual visa for a postdoctoral fellow? Would that be J1 (for which I would not be eligible post 6 months)?

 

Best regards 

[charmander 692]

Post-docs are usually H1B or J1. I've been a post-doc with H1B. It depends on the institution I guess. Best thing would be to clarify with the department.

 

I don't think there is any "reserved" for H1Bs in academia or non-profit institutions like medical schools since they get "cap-exempt" H1Bs, meaning they can get unlimited number of H1bs at any time but these cannot be used to transfer to a profit company such as amazon, microsoft, etc. later on. That's why they wouldn't care if they get a H1B for a post-doc or a full professor.

[Suudsu 66]

J-1 and H-1B are both pretty normal for universities. J-1's are cheaper (and faster) from the university's perspective, so they will probably opt for J-1 unless you are ineligible for that category. Don't worry too much about it, though. If/when you get a position in the U.S., human resources at the university will sort out what you are eligible for.

 

You can start by checking whether you are subject to section 212(e) (check your DS-2019, or a visa annotation), which requires you to prove that you have spent two years in your home country before you can get an immigrant category visa (also not eligible for H-category).

https://travel.state.gov/content/travel/en/us-visas/study/exchange/waiver-of-the-exchange-visitor/eligibility.html

Check to see whether the category of J-1 (short term scholar?) had either a 12-month or 24-month repeat participation bar.

 

The two visas are very different though, with very different tax implications. J-1s also allow derivative spouses to work, which can be a definite bonus.

 

This site is also helpful:

https://j1visa.state.gov/programs/professor-and-research-scholar/

[Boiler 45,549]

Neither are permanent.

[Coco8 1,042]

The most common for postdoc is the J1. Some people are able to get the O1 for a postdoc but this is in exceptional circumstances because there is a lot of paperwork and the bar is higher (you have to show you are outstanding, so I've seen it with Fulbright scholars that cannot get an H1B).

 

For permanent positions they would do the H1B. They would not do a H1B for a postdoc. However, hospitals might do H1Bs because you have less restrictions than with a J1.

 

 

[randomstairs 303]

The H1B can take several months to process (like 9 months) and its validity depends on your department's policy. It is, however, relatively easy to extend and thus appropriate if you want to keep your future options open. It is also a "dual intent" visa, meaning that you can apply for green card while on it if you so desire. 

[Coco8 1,042]

50 minutes ago, randomstairs said:

The H1B can take several months to process (like 9 months) 

There is premium processing for 1,000-1,500. That way it takes 15 days.

[randomstairs 303]

10 minutes ago, Coco8 said:

There is premium processing for 1,000-1,500. That way it takes 15 days.

That's only after filing I-129. It may take several months to get the wage determination done and the LCA approved. Only after that the employer files the I-129, which could be done with PP. 

[Coco8 1,042]

3 minutes ago, randomstairs said:

That's only after filing I-129. It may take several months to get the wage determination done and the LCA approved. Only after that the employer files the I-129, which could be done with PP. 

 

I have an H1B and it took 7 days.

 

That wage thing is a formality

Edited December 20, 2017 by Coco8