Rule # 6 . . . . H-1B Visa Restrictions and Portability

H-1B visas are truly temporary visas with certain restrictions:

• H-1B status can be valid up to 3 years initially, renewable for 3 more years.
• There is a 6 year maximum stay with some exceptions –
  • 1 year extensions available after 6th year if green card application pending for at least one year
  • 3 year extension available if green card application is on hold because of limited availability of green cards.
• Physician is eligible for another 6 years after 1 year outside U.S.
• No specific contract term is required (except for J-1 to H-1B physicians with IGA waivers)
• Medical license in the state of employment is required before filing H-1B petition.

H-1B Portability

• If physician is already in H-1B status and changing employers, the new employer must file H-1B petition.
• The physician may start new employment upon filing of new H-1B petition –you do not need wait for final approval.
• Concurrent H-1B petitions are permitted – “moonlighting.”

Strategic Job Search for H-1B Physicians

• Start job search immediately after 2nd year of residency or one year before completion of fellowship
• Finalize employment by early Fall of 3rd year of residency or final year of fellowship
• Target cap-exempt employers or employment
• If competing for non-exempt H-1B, have contract in place by February so that H-1B petition can be filed on April 1
• Apply early for your medical license
• Hire an immigration attorney early in process