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A couple of questions - H1-B transfer vs. new application - Many Thanks!

A couple of questions - H1-B transfer vs. new application - Many Thanks!

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Old Feb 22nd 2003, 1:14 pm
  #1  
Frank
Guest
 
Posts: n/a
Default A couple of questions - H1-B transfer vs. new application - Many Thanks!

There is a girl (there always is, isn't there...) who is currently
sponsored as a research doctor in California. Her H1-B visa
(research-based) is sponsored by the university where she works. She
has taken and passed the USMLE Step 1 and Step 2 and CSA tests, but
just recently found out that she must take the USMLE Step 3 test in
order to get the Clinical H1-B that she needs to begin her residency
(sorry for all the medical-specific terminology, but just in case
there is an expert lurking here...). She has not prepared for the
USMLE Step 3 test, and becaue of the timeline we are working under,
she is terribly afraid that she will not pass (and no Step 3 then no
H1-B...)

We have talked about marriage, but have made no decisions (didn't
think we needed to rush things until a couple of weeks ago...). Well,
now we are talking about marriage, and it is kind of scary.

If she takes the USMLE test in early April, she should receive the
results in the middle of May.

QUESTION: If she passes, would premium processing get her the H1-B
visa that she needs to begin in July? Can she transfer her research
visa to a clinical visa? I have heard various people say that a
transfer is a transfer and that it is presumed to be valid as soon as
INS receives it.

QUESTION: If she fails the test, we can get married - how long does
it take for her work permit/green card application to be approved?
She has heard a lawyer say that he can get the work permit in as
little as four weeks. Is this true??

Thanks for your patience in reading this and providing me with
resources and (hopefully) answers.

Also - this same lawyer mentioned that he could get her an INS
interview within six-to-nine months... Sounds a lot quicker than what
I have seen elsewhere...
 
Old Feb 23rd 2003, 8:22 am
  #2  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: A couple of questions - H1-B transfer vs. new application - Many Thanks!

On Sat, 22 Feb 2003 06:14:02 +0000, Frank wrote:

    > There is a girl (there always is, isn't there...) who is currently
    > sponsored as a research doctor in California. Her H1-B visa
    > (research-based) is sponsored by the university where she works. She
    > has taken and passed the USMLE Step 1 and Step 2 and CSA tests, but just
    > recently found out that she must take the USMLE Step 3 test in order to
    > get the Clinical H1-B that she needs to begin her residency (sorry for
    > all the medical-specific terminology, but just in case there is an
    > expert lurking here...). She has not prepared for the USMLE Step 3
    > test, and becaue of the timeline we are working under, she is terribly
    > afraid that she will not pass (and no Step 3 then no H1-B...)
    >
    > We have talked about marriage, but have made no decisions (didn't think
    > we needed to rush things until a couple of weeks ago...). Well, now we
    > are talking about marriage, and it is kind of scary.
    >
    > If she takes the USMLE test in early April, she should receive the
    > results in the middle of May.
    >
    > QUESTION: If she passes, would premium processing get her the H1-B visa
    > that she needs to begin in July? Can she transfer her research visa to a
    > clinical visa? I have heard various people say that a transfer is a
    > transfer and that it is presumed to be valid as soon as INS receives it.

Yes, no problem. She may not even need premium processing because as long
as the H-1B is FILED before the previous H-1B expires, she remains in
status and can indeed take advantage of the transfer provision and change
to the clinical job right away.

    > QUESTION: If she fails the test, we can get married - how long does it
    > take for her work permit/green card application to be approved? She has
    > heard a lawyer say that he can get the work permit in as little as four
    > weeks. Is this true??

Yes, from the date of filing that is realistic, depending on where you are
located. In some places it can be 90 days, in other places the employment
authorization is actually issued immediately the day you walk in.

But there may be additional delays. After you get married, you first need
to get the long form marriage certificate, which depending on the state
and city where you are can take a few weeks. Until then, you may not even
be able to file the paperwork. There are other ducks to line up, too, but
those are probably easier: the medical examination, your tax returns for
the last three years, etc.

    > Thanks for your patience in reading this and providing me with resources
    > and (hopefully) answers.
    >
    > Also - this same lawyer mentioned that he could get her an INS interview
    > within six-to-nine months... Sounds a lot quicker than what I have seen
    > elsewhere...

That all depends on where you are located. In some cities, that is indeed
realistic, in others the wait can be three or four years. You may want to
go to http://www.visalaw.com or http://www.shusterman.com and find
inofficial INS processing times there.
 
Old Feb 23rd 2003, 2:12 pm
  #3  
Frank
Guest
 
Posts: n/a
Default Re: A couple of questions - H1-B transfer vs. new application - Many Thanks!

Ingo - Thanks for the information - I have been lurking in this group
for a few weeks, and I have seen that you have helped so many people.
I appreciate your time and your expertise.

As for "option 2" below: Are there any "better" places to get
married? We have talked about Vegas, for the sheer fun of it, but we
will be living in Georgia.

QUESTION: You mention that there are some places where they authorize
the work permit the day you walk in - is that dependent on where you
get married or where you are residing?

QUESTION: Based on your answer to the above question - Are there any
places we can turn to find out the work-permit-authorization-process
in either the state where we will be married or where we will be
living (Georgia)?

Again, many thanks!!

Frank

"Ingo Pakleppa" wrote in message news:...
    > On Sat, 22 Feb 2003 06:14:02 +0000, Frank wrote:
    >
    > > There is a girl (there always is, isn't there...) who is currently
    > > sponsored as a research doctor in California. Her H1-B visa
    > > (research-based) is sponsored by the university where she works. She
    > > has taken and passed the USMLE Step 1 and Step 2 and CSA tests, but just
    > > recently found out that she must take the USMLE Step 3 test in order to
    > > get the Clinical H1-B that she needs to begin her residency (sorry for
    > > all the medical-specific terminology, but just in case there is an
    > > expert lurking here...). She has not prepared for the USMLE Step 3
    > > test, and becaue of the timeline we are working under, she is terribly
    > > afraid that she will not pass (and no Step 3 then no H1-B...)
    > >
    > > We have talked about marriage, but have made no decisions (didn't think
    > > we needed to rush things until a couple of weeks ago...). Well, now we
    > > are talking about marriage, and it is kind of scary.
    > >
    > > If she takes the USMLE test in early April, she should receive the
    > > results in the middle of May.
    > >
    > > QUESTION: If she passes, would premium processing get her the H1-B visa
    > > that she needs to begin in July? Can she transfer her research visa to a
    > > clinical visa? I have heard various people say that a transfer is a
    > > transfer and that it is presumed to be valid as soon as INS receives it.
    >
    > Yes, no problem. She may not even need premium processing because as long
    > as the H-1B is FILED before the previous H-1B expires, she remains in
    > status and can indeed take advantage of the transfer provision and change
    > to the clinical job right away.
    >
    > > QUESTION: If she fails the test, we can get married - how long does it
    > > take for her work permit/green card application to be approved? She has
    > > heard a lawyer say that he can get the work permit in as little as four
    > > weeks. Is this true??
    >
    > Yes, from the date of filing that is realistic, depending on where you are
    > located. In some places it can be 90 days, in other places the employment
    > authorization is actually issued immediately the day you walk in.
    >
    > But there may be additional delays. After you get married, you first need
    > to get the long form marriage certificate, which depending on the state
    > and city where you are can take a few weeks. Until then, you may not even
    > be able to file the paperwork. There are other ducks to line up, too, but
    > those are probably easier: the medical examination, your tax returns for
    > the last three years, etc.
    >
    > > Thanks for your patience in reading this and providing me with resources
    > > and (hopefully) answers.
    > >
    > > Also - this same lawyer mentioned that he could get her an INS interview
    > > within six-to-nine months... Sounds a lot quicker than what I have seen
    > > elsewhere...
    >
    > That all depends on where you are located. In some cities, that is indeed
    > realistic, in others the wait can be three or four years. You may want to
    > go to http://www.visalaw.com or http://www.shusterman.com and find
    > inofficial INS processing times there.
 
Old Feb 23rd 2003, 4:49 pm
  #4  
Frank
Guest
 
Posts: n/a
Default Re: A couple of questions - H1-B transfer vs. new application - Many Thanks!

Ingo,

I as a follow-up to my previous post - I found processing times for
work permits at the following link:

http://members.aol.com/MDUdall/instimes.htm

If we get married in, say, Atlanta, it looks like the processing time
is 60-90 days for work authorization. In Charlotte (NC), the
processing time is 30-50 days.

QUESTION: If we get married in Charlotte, will we be able to submit
paperwork in Charlotte and receive the response in the 30-50 days that
they are currently processing applications, or will we need to sumbit
paperwork in Atlanta (and thus wait the 60-90 days), since that is
where we will be living? Can we "shop" the Districts for the best
times??

Again, many thanks!

Frank

"Ingo Pakleppa" wrote in message news:...
    > On Sat, 22 Feb 2003 06:14:02 +0000, Frank wrote:
    >
    > > There is a girl (there always is, isn't there...) who is currently
    > > sponsored as a research doctor in California. Her H1-B visa
    > > (research-based) is sponsored by the university where she works. She
    > > has taken and passed the USMLE Step 1 and Step 2 and CSA tests, but just
    > > recently found out that she must take the USMLE Step 3 test in order to
    > > get the Clinical H1-B that she needs to begin her residency (sorry for
    > > all the medical-specific terminology, but just in case there is an
    > > expert lurking here...). She has not prepared for the USMLE Step 3
    > > test, and becaue of the timeline we are working under, she is terribly
    > > afraid that she will not pass (and no Step 3 then no H1-B...)
    > >
    > > We have talked about marriage, but have made no decisions (didn't think
    > > we needed to rush things until a couple of weeks ago...). Well, now we
    > > are talking about marriage, and it is kind of scary.
    > >
    > > If she takes the USMLE test in early April, she should receive the
    > > results in the middle of May.
    > >
    > > QUESTION: If she passes, would premium processing get her the H1-B visa
    > > that she needs to begin in July? Can she transfer her research visa to a
    > > clinical visa? I have heard various people say that a transfer is a
    > > transfer and that it is presumed to be valid as soon as INS receives it.
    >
    > Yes, no problem. She may not even need premium processing because as long
    > as the H-1B is FILED before the previous H-1B expires, she remains in
    > status and can indeed take advantage of the transfer provision and change
    > to the clinical job right away.
    >
    > > QUESTION: If she fails the test, we can get married - how long does it
    > > take for her work permit/green card application to be approved? She has
    > > heard a lawyer say that he can get the work permit in as little as four
    > > weeks. Is this true??
    >
    > Yes, from the date of filing that is realistic, depending on where you are
    > located. In some places it can be 90 days, in other places the employment
    > authorization is actually issued immediately the day you walk in.
    >
    > But there may be additional delays. After you get married, you first need
    > to get the long form marriage certificate, which depending on the state
    > and city where you are can take a few weeks. Until then, you may not even
    > be able to file the paperwork. There are other ducks to line up, too, but
    > those are probably easier: the medical examination, your tax returns for
    > the last three years, etc.
    >
    > > Thanks for your patience in reading this and providing me with resources
    > > and (hopefully) answers.
    > >
    > > Also - this same lawyer mentioned that he could get her an INS interview
    > > within six-to-nine months... Sounds a lot quicker than what I have seen
    > > elsewhere...
    >
    > That all depends on where you are located. In some cities, that is indeed
    > realistic, in others the wait can be three or four years. You may want to
    > go to http://www.visalaw.com or http://www.shusterman.com and find
    > inofficial INS processing times there.
 
Old Feb 24th 2003, 12:44 am
  #5  
Ingo Pakleppa
Guest
 
Posts: n/a
Default Re: A couple of questions - H1-B transfer vs. new application - Many Thanks!

On Sun, 23 Feb 2003 07:12:11 +0000, Frank wrote:

    > Ingo - Thanks for the information - I have been lurking in this group
    > for a few weeks, and I have seen that you have helped so many people.
    > I appreciate your time and your expertise.
    >
    > As for "option 2" below: Are there any "better" places to get
    > married? We have talked about Vegas, for the sheer fun of it, but we
    > will be living in Georgia.

Go for it. Vegas is known for being a particularly easy and good place to
get married for such reasons. If you also want a Vegas wedding for the fun
of it, all the better!

    > QUESTION: You mention that there are some places where they authorize
    > the work permit the day you walk in - is that dependent on where you
    > get married or where you are residing?

Where you are residing, unfortunately.

    > QUESTION: Based on your answer to the above question - Are there any
    > places we can turn to find out the work-permit-authorization-process
    > in either the state where we will be married or where we will be
    > living (Georgia)?

See my other posts.

    > Again, many thanks!!
    >
    > Frank
    >
    > "Ingo Pakleppa" wrote in message news:...
    >> On Sat, 22 Feb 2003 06:14:02 +0000, Frank wrote:
    >>
    >> > There is a girl (there always is, isn't there...) who is currently
    >> > sponsored as a research doctor in California. Her H1-B visa
    >> > (research-based) is sponsored by the university where she works. She
    >> > has taken and passed the USMLE Step 1 and Step 2 and CSA tests, but just
    >> > recently found out that she must take the USMLE Step 3 test in order to
    >> > get the Clinical H1-B that she needs to begin her residency (sorry for
    >> > all the medical-specific terminology, but just in case there is an
    >> > expert lurking here...). She has not prepared for the USMLE Step 3
    >> > test, and becaue of the timeline we are working under, she is terribly
    >> > afraid that she will not pass (and no Step 3 then no H1-B...)
    >> >
    >> > We have talked about marriage, but have made no decisions (didn't think
    >> > we needed to rush things until a couple of weeks ago...). Well, now we
    >> > are talking about marriage, and it is kind of scary.
    >> >
    >> > If she takes the USMLE test in early April, she should receive the
    >> > results in the middle of May.
    >> >
    >> > QUESTION: If she passes, would premium processing get her the H1-B visa
    >> > that she needs to begin in July? Can she transfer her research visa to a
    >> > clinical visa? I have heard various people say that a transfer is a
    >> > transfer and that it is presumed to be valid as soon as INS receives it.
    >>
    >> Yes, no problem. She may not even need premium processing because as long
    >> as the H-1B is FILED before the previous H-1B expires, she remains in
    >> status and can indeed take advantage of the transfer provision and change
    >> to the clinical job right away.
    >>
    >> > QUESTION: If she fails the test, we can get married - how long does it
    >> > take for her work permit/green card application to be approved? She has
    >> > heard a lawyer say that he can get the work permit in as little as four
    >> > weeks. Is this true??
    >>
    >> Yes, from the date of filing that is realistic, depending on where you are
    >> located. In some places it can be 90 days, in other places the employment
    >> authorization is actually issued immediately the day you walk in.
    >>
    >> But there may be additional delays. After you get married, you first need
    >> to get the long form marriage certificate, which depending on the state
    >> and city where you are can take a few weeks. Until then, you may not even
    >> be able to file the paperwork. There are other ducks to line up, too, but
    >> those are probably easier: the medical examination, your tax returns for
    >> the last three years, etc.
    >>
    >> > Thanks for your patience in reading this and providing me with resources
    >> > and (hopefully) answers.
    >> >
    >> > Also - this same lawyer mentioned that he could get her an INS interview
    >> > within six-to-nine months... Sounds a lot quicker than what I have seen
    >> > elsewhere...
    >>
    >> That all depends on where you are located. In some cities, that is indeed
    >> realistic, in others the wait can be three or four years. You may want to
    >> go to http://www.visalaw.com or http://www.shusterman.com and find
    >> inofficial INS processing times there.
 

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