O1 visa

[drnishu]

Dear friends,

I am a resident physician in my last year of residency. I will be finishing my residency in internal medicine in June 2013. I want to apply for H1b but with USCIS prediction of more H1b petition then H1b cap, it might be difficult for me to get "cap H1b". I was waiting for CA medical license which I just got today. Now I guess I am good to apply for H1b job in the state of California but if I apply now H1b quota might reach its cap.

How is the option of filing O1 visa for a physician like me. I have about 30 publications in the field of cardiology as abstracts. Most of the abstracts are in non-american heart journal but one abstract in reputed american cardiology journal and one poster presentation in reputed american cardiology society, SCAI. All of these abstracts are on some unique techniques in the field of interventional cardiology. Filing for O1 visa is an expensive option without the guaranteed results.

One attorney is positive about getting O1 visa based on my CV and one attorney is little reluctant for the same. Please advise.

Thanks

[futureeb2]

What status do you have now? With 30 abstracts, why not seek an academic job? An academic institution is exempt from the H1B cap. Also, many private hospitals are affiliated with an academic institution and so also exempt from the cap.

O1 is very subjective, and yes it will be expensive. It really depends on each case whether it will work or not.

[drnishu]

Thanks futureeb2 for the reply. There is a significant difference in the compensation between academic and private position. Academic institutions don't pay good salary. I know that they are cap exempt but I have a sponsor who is willing to support O1 and willing to take chance. I also thought that If I file for O1 and if it gets approved, I might be eligible for GC under EB1 category!!

[futureeb2]

You don't need a sponsor for EB-1, so you might as well apply for that by yourself. If the O-1 is denied, then you are out of status with no way of getting back in. Strongly consider the academic job on H-1, with a pay cut for a while, and if you get your EB-1, then move on to a better paid job.

[drnishu]

Dear futureeb2,

Thanks for your reply. Its a very important information as far as EB1 is concerned. I didn't know that. But anyway just temporarily I am not concerned about jobs as I just got fellowship in Cardiology. But your suggestions were very useful and I might consider self sponsoring EB1 with these many publications and fellowship. Thanks again.

[t75]

Speak with an attorney experienced in these filings. If not now qualified, the attorney should suggest ways of meeting the requirements.