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Friday, April 5, 2013

H1B visa application -Step by Step

So the time is here when IMGs go crazy runing around trying to figure out how to work
their way through the complicated visa paperwork. Here is a simplified step by step
application process for H1b visa.

1. Get the contract and contact the lawyer:

Once you have signed the contract, the next step is to get in touch with the lawyer.
Usually most programs will recommend their own lawyer. But it doesn't really matter
which lawyer you hire, as long as you know the one you are hiring is not a scam, to avoid
which, go by recommendation. Its always a better idea to use a lawyer that has worked
with the same program before, that will speed up things and he or she would know who
to get in touch with. Typically the lawyer fee is around a thousand bucks. If the one your
program recommends is too expensive, you can always use a cheaper one.

2. Send documents to your lawyer:

Initially the lawyer will ask for a copy of the contract only. Then he will send you a long
list of documents. This list typically includes copies of your passport, your previous visa, I
94 if any, ECFMG certificate and copy of your medical degree.

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3. The LCA:
Once the lawyer has all the documents in place, the first step in the application is filing
the LCA. This step ensures that the employee is not violating any labor laws. The
application is free and typically takes upto two weeks to complete. Once the LCA is
approved, the lawyer then send the LCA and other documents to your program to get
them signed by the PD.

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4. State License:
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Some states require you to have a state license before you can get an H1 visa. So be
sure to sort that out with your program coordinator.

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5. The H1B petition:

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Once the lawyer receives the signed LCA from the program, its time to file for the H1B
petition. The regular petition costs around 800 dollars and can take upto 3 months! But if
you apply for the premium processing, they promise to give you an outcome in 15 days.
If for any reason your case is not processed in 15 days, your fee will be refunded and
your case will still be treated as a premium case! Usually its processed in less than a
week! So if you are short of time, its always a good idea to go for the premium
processing.

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Legally, the employee cannot pay for the visa and the employer has to pay. In case your
program is not covering the visa cost, you have to find a third party to pay it! This is
called donation in legal terms. It can be anyone, your parents, your siblings or a friend,
just not you yourself.

6. Approval and form I 797:

Once the petition is approved, the USCIS will send the approval notice/form I797 to your
lawyer who will then send that along with a copy of your petition application to you. The
lawyer might ask extra money for sending it via DHL or FedEx. Be ready to pay around a
100 bucks as the petition application is a huge bungle of papers! Upon receiving the
documents, next step is to apply for the visa at the local embassy. You have to fill out the
online form DS 160, the same as you did for your B1/B2 visa. Its pretty straight forward
and take 15-20 minutes.

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The Cadusian Carnival: H1B visa application -Step by Step

http://cadusiancarnival.blogspot.com/2013/04/h1b-visa-applicat...

Why did you apply for the H1b visa?

Which hospital is it?
What will be your job?
Did you take all the USMLEs? (Duh!)
What did you do in your previous trips to the US?
How long is your contract?
There might be a few weird questions like which medical school did you go to or what
was your CK or step 1 score. I guess they do so to make sure its the same person or to
cross check with the information on file. Usually they won't look at any documents but its
good to be prepared. The usual set of documents would be:
Form i797
Copy of Petition application sent by the lawyer.
Educational documents
USMLE Score reports
Documents related to your previous trips to the US like LORs
Financial documents- though not really important but still, to prove you have enough
cash to buy yourself tickets.
The good thing about H1B is that you don't have to prove strong ties to your home
country, which is the most common reason for refusal of B1/B2 and F1 visa. So H1B for
medical residents is almost always approved.

8. The 10 days rule:

Legally, you are not allowed to enter the US more than 10 days before the start date of
your contract. This creates an issue when the orientation starts earlier than the start date
of the residency. For example, if your contract starts from the 1st of July, the earliest you
can enter the US is the 21st of June. But if your orientation starts from the 23rd of June,
you literally won't have time for anything! So make sure you discuss this with your
program coordinator and request them to put the orientation start date as the start date
of the residency.
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