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