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IMG Visa Issues International Medical Graduates and Students discussion US Visa issues.


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  #1  
Old 11-25-2010
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Passport B-1/J-1 visa doubts

Hi everybody,

Forgive me for asking a question that to many of you may seem ridiculous (with an obvious answer) but I'm a greenhorn in all the paperwork and I couldn't find the answer to my question in any of the previous threads.

I've just started my preparation for USMLE. I was offered an appointment as a research associate in one of the US Clinics. To go there I need visa. The Clinic's International Personel Office gave me two options - I can apply for B-1 or J-1. Since I'm planning on going on externship to US within the next 12 months I would most probably go for B-1 visa. But just today I got a letter from that Clinic and one sentence shook a little bit my certainty of how the things should be arranged. Here it is: "Please note, however, that your use of B-1 visa status will make you ineligible for extension of your Clinic appointment beyond 90 days."

I'm planning on doing there the research only for 3 months. But does that mean that the maximum of my stay in US is 3 months as well? On the website of the US embassy I couldn't find any relevant answer, apart from what I've already known - that it's the officer at the border
who decides on how long you can stay in US.

If anyone is familiar/experienced with all the B-1 visa documents and procedures I would most certainly appreciate your help in resolving my doubts.

Thank you in advance,

Cas

ps. I'm EU country citizen (but without Visa Waiver Program)
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  #2  
Old 12-02-2010
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B1 Visa validity can be anywhere between 3 months to 6 months.

The maximum you can stay is 1 year on B1 Visa. You can always file for extension.
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  #3  
Old 12-02-2010
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Default Thank you :)

Thank you very much Sabio
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  #4  
Old 06-02-2011
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Arrow Help!

Hey Casandra!

Could you tell us what happen in the end?

Im also a european citizen and planning to do research for several months and I´m not sure to which VISA I should apply. Why is it better to go for B1 instead of J-1? Is it because once you are on J-1 you cant change VISA status whereas with B1 you can? could you request an extension?
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  #5  
Old 06-02-2011
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Sure! My pleasure.

I finally came to US on J-1 visa. The only reason for taking J-1 not B-1 was that at the US embassy in my country they told me that if I am going on research project I should apply for J-1 (but I know that in some countries they allow you to come on B-1).

I'm really happy things turned out this way (well maybe except for the bureaucratic nuisance that J-1 papers gave me because the internal policy of the Clinic I'm currently working in does not allow you to extend your stay if you come on B-1 visa (max stay is 90 days). And I just extended my stay here with my J-1

My only concern with J-1 was that if I choose to come on this one, I won't be able to come back here on J-1/H-1 visa for the residency. I think these issues vary from country to country (meaning our home countries). I discussed this with Personnel Office here and I know what my situation is now.

As for changing the status, I have met several people here who came on J-1 and changed their status to allied health staff. But please note that there are several types of J-1 visa (short term scholar, allied staff etc.) and I don't know with which type this people came in the first place, so it may differ.

I don't think it's better/worse to come on either B-1 or J-1 visa. If the place you are going to offers you any legal advice on that, TAKE IT! Ask them if there are any time limits for your stay there with either visa type. Let them know you will be coming for the residency to US and ask whether this visa you will be coming on for the research project will prevent you from coming back to US once you match.

Good luck! I think we all need it when it comes to visa issues! )))

Last edited by Casandra; 06-02-2011 at 06:10 AM. Reason: typo
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  #6  
Old 06-02-2011
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. Let them know you will be coming for the residency to US and ask whether this visa you will be coming on for the research project will prevent you from coming back to US once you match.

Good luck! I think we all need it when it comes to visa issues! )))[/QUOTE]

can u tell us wat did they tell u about this same question....as most of the students doin a research applies for match..
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  #7  
Old 06-02-2011
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Help hi

hi.. am an indian fresh grad. started preparing for step 1. is that necessary that we should do some research works/extenship/observationship to get residency there? if so give some ideas on what i should do 4 t?
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  #8  
Old 06-02-2011
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can u tell us wat did they tell u about this same question....as most of the students doin a research applies for match..[/QUOTE]


Here's what I got:

"If you have been a participant in an Exchange Visitor Program at any of US Clinics for 6 months or more within the past 1 year, you are ineligible to come back to the US as an Exchange Visitor in the "Research Schollar/Professor" category. Moreover, if you have previously participated as a J-1 Exchange Visitor in the "Research Scholar/Professor" category for any period of time within the past 24 months you are ineligible to repeat your participation as a J-1 Research Scholar/Professor until you have experienced a 24 month absence from participation within that J-1 category."
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  #9  
Old 06-02-2011
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Quote:
Originally Posted by dr.manikandan View Post
hi.. am an indian fresh grad. started preparing for step 1. is that necessary that we should do some research works/extenship/observationship to get residency there? if so give some ideas on what i should do 4 t?
My research project was organized before I decided to start preparing for Steps. So I wasn't really thinking of how much it would boost my CV at that time. Now, I think it's pretty useful. However clinical hands-on experience is probably more appreciated.
I know there are several threads on this forum regarding observership/externship etc. All forum members and the staff here provide great deal of information on those. Just type in "observership/externship" is search box and you'll be able to read some on that
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  #10  
Old 06-02-2011
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Smile thankQ

thankQ casandra
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  #11  
Old 06-02-2011
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Quote:
Originally Posted by Casandra View Post
Sure! My pleasure.

I finally came to US on J-1 visa. The only reason for taking J-1 not B-1 was that at the US embassy in my country they told me that if I am going on research project I should apply for J-1 (but I know that in some countries they allow you to come on B-1).

I'm really happy things turned out this way (well maybe except for the bureaucratic nuisance that J-1 papers gave me because the internal policy of the Clinic I'm currently working in does not allow you to extend your stay if you come on B-1 visa (max stay is 90 days). And I just extended my stay here with my J-1

My only concern with J-1 was that if I choose to come on this one, I won't be able to come back here on J-1/H-1 visa for the residency. I think these issues vary from country to country (meaning our home countries). I discussed this with Personnel Office here and I know what my situation is now.

As for changing the status, I have met several people here who came on J-1 and changed their status to allied health staff. But please note that there are several types of J-1 visa (short term scholar, allied staff etc.) and I don't know with which type this people came in the first place, so it may differ.

I don't think it's better/worse to come on either B-1 or J-1 visa. If the place you are going to offers you any legal advice on that, TAKE IT! Ask them if there are any time limits for your stay there with either visa type. Let them know you will be coming for the residency to US and ask whether this visa you will be coming on for the research project will prevent you from coming back to US once you match.

Good luck! I think we all need it when it comes to visa issues! )))
Great post, thank you very much Cassandra. I´ve got couple of quick questions:

-If i understood you well, this means that you will be able to apply only for H1B residency programs once your VISA expires, since you´ve been on J1 for 6months or more and therefore ineligible to request it again for residency. Is this right? Is this a general rule for all citizens or varies between countries? Or is it that you plan to extend your J1 VISA as much as possible until you go to the Match (can you do this?) and then you wouldnt be able to apply for H1B programs? (cuz you can´t request H1B once you are in J1, right???

-if it had not been the restriction for extending your research under B1 that that clinic was imposing, wouldnt it have been better to go for B1? B1 will let you go for both J1 or H1B later on, after research, right?

-what was the point of not letting you go with B1? Do you know this?

Im sorry, Im in the same situation and im confused about what is best! seems like in your case there was no much option since the clinic had the "B1 time restriction" thing!



******

Oh, wait, just re-read Sabio´s post. The time restriction thing of 6 months max. under B1 wasn´t made by the clinic, it´s the limit B1 has, it self. Right?

Last edited by StepUp; 06-02-2011 at 08:33 AM. Reason: new info
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  #12  
Old 06-02-2011
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Quote:
-If i understood you well, this means that you will be able to apply only for H1B residency programs once your VISA expires, since you´ve been on J1 for 6months or more and therefore ineligible to request it again for residency. Is this right? Is this a general rule for all citizens or varies between countries? Or is it that you plan to extend your J1 VISA as much as possible until you go to the Match (can you do this?) and then you wouldnt be able to apply for H1B programs? (cuz you can´t request H1B once you are in J1, right???
@StepUp - I haven't been (and I'm not planning on being) on J-1 Research Scholar for more than 6 months so this rules doesn't apply to me. When you get into the residency your J-1 visa's category is "clinical" so that's something totally different (as far as I know). You become only ineligible for "Research scholar'professor" category as I outlined it in the previous post.


Quote:
-if it had not been the restriction for extending your research under B1 that that clinic was imposing, wouldnt it have been better to go for B1? B1 will let you go for both J1 or H1B later on, after research, right?
I don't have any experience with B-1 visa. I applied for it, at the embassy they firmly told me I'm ineligible for B-1 visa considering the purpose of my journey. So J-1 was the only option.

Quote:
-what was the point of not letting you go with B1? Do you know this?
Ask the people at the US embassy

Quote:
Im sorry, Im in the same situation and im confused about what is best! seems like in your case there was no much option since the clinic had the "B1 time restriction" thing!
Don't worry everyone gets confused with all that visa papers. My advice is to contact the Clinic you'll be working in and ask them if they provide any legal advice/councelling on that, as you are planning on applying for the residency in US.


******

Quote:
Oh, wait, just re-read Sabio´s post. The time restriction thing of 6 months max. under B1 wasn´t made by the clinic, it´s the limit B1 has, it self. Right?
Yes, the Clinic's limit was 90 days.
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  #13  
Old 06-02-2011
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Quote:
Originally Posted by StepUp View Post
and then you wouldnt be able to apply for H1B programs? (cuz you can´t request H1B once you are in J1, right???
where did you get this information from?
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  #14  
Old 06-03-2011
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Quote:
Originally Posted by Casandra View Post
where did you get this information from?
Here you can read some useful info I read about H1B and J1: http://www.prep4usmle.com/forum/thread/25034/

When you are on J1 you´d need to check if Two-Year Foreign Residency Requirement applies. If it does, then you wont be able to change your status:

Here´s the 2 year foreign res. requirement:

An exchange visitor is subject to INA 212(e) requirement, if the following conditions exist:

The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the United States government or the government of the exchange visitor’s nationality or last residence;
The exchange visitor is a national or resident of a country designated as requiring the services of persons engaged in the field of specialized knowledge or skills in which the exchange visitor was engaged for the duration of their program (Exchange Visitor Skills List 9 FAM 41.62, Exhibit II);
The exchange visitor entered the United States to receive graduate medical education or training.

If the exchange visitor is subject to INA 212(e) requirement, he or she cannot change his or status to that of H, L, K, or immigrant lawful permanent resident (LPR) until he or she has returned to his/her home country for at least two-years or received a waiver of that requirement. Such waivers can be obtained under five separate bases: No Objection Statement, Exceptional Hardship or Persecution, Conrad Program, or Interested Government Agency. ( Source )



what does it say in the visa stamp on your J1 visa? Does it say, BEARER IS NOT SUBJECT TO SECTION 212(E). TWO YEAR RULE DOES NOT APPLY?
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Old 06-03-2011
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@StepUp - thanks for the reply. Boy you scared the heck out of me! I knew the information you sent me. However, all this doesn't apply to my situation here. What you wrote about refers to changing the status ONLY. I'll be coming back home, so I'll be applying for a new visa NOT change of status. Furthermore, I'm not subject to INA 213(e) according to my visa papers.
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  #16  
Old 03-13-2012
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Question visa for cs? or tourist visa with family with cousin as sponsor? plz help to choose

Hi all,

Im starting my prep for USMLE now. need help about which visa option to choose. I have three options.

1>Whether i should write step 1 and then go for visa for cs.

2>My cousin who is a US citizen will be sponsoring our visitor visa.
For visitor group visa for my family except my dad for tourism purpose.. he will stay back in india because he is a government employee.. my mom and me and my sister would go for visa. my sister is still a student. my mom is a doctor and so is my dad. we have our own polyclinic. i work there too, but i dont have pay stubs for that. i have recently started working at a hospital, but i dont have pay stubs for that yet because i get paid in cash there. will this suffice as ties to india? Im 25 year old an unmarried and 2 years since graduation

Which of this has a better chance of getting visa?
plz plz plz plz suggest..
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