H1b Visa
Once you obtain a J1 waiver, the H1b visa will typically follow approximately 1-2 months later. During my waiting period, there were two government shutdowns and the J1 waiver application to H1b visa process took 5 months. The waiver paperwork was filed in October, the J1 waiver was received in December, and the H1b visa was issued in February. If you intend to obtain a J1 waiver, you will have to find a sponsor (office/hospital) willing to take you on and you may have to have your specialty added to the list of specialties eligible for a waiver. This may add months to the process.
The H1b visa is a work-related visa that can be issued after training (residency/fellowships) or can be issued while in training. It is good for six years and currently you can no longer be in a “pending green card status” indefinitely at the end of the sixth year i.e. you must obtain a green card before the six years expire; otherwise, you must leave the United States.
The H1b visa can be obtained in three ways:
1) Residency programs may offer it to first year residents. Very few residency positions offer this as an option, likely due to the cost to them. Some programs say they will garnish your salary as repayment. This practice is illegal and may have legal ramifications if you enter into such an agreement.
2) Via a J1 waiver
3) Win the H1b visa lottery: The lottery is an annual event. If you win the lottery, it may save you considerable time, which means less time unemployed while waiting for a J1 waiver. There is a cap of 85,000 visas and I was quoted a 43% chance of winning. I entered the H1b visa lottery during my fellowship year and like the majority 57% I did not hit it big. A response will be issued to you in April or May of the same year you enter the lottery. Entering the lottery costs approximately $8000 and your potential sponsor is responsible for this cost.
The H1b visa, once issued, will be issued for 3 years. If you are with your sponsoring agency for those three years and want to remain employed with them, they will have to submit an H1b visa extension for the remaining three years and there is an associated fee. They will also have to do another wage/salary survey with the H1b extension, which means that if the prevailing wage increases then your salary should increase too. The downside is that if the sponsor cannot afford the salary, you may be let go from your position or may have to find a new sponsor elsewhere. If you are fired from you job while on an H1b visa, this is considered an extenuating circumstance, and you can search for another sponsor with a 60-day grace period.
