Can H1b from medical residency be extended after finishing for job?

[junkylov]

I received H1b (3years) during my medical residency, which will expire on June 30, 2014. I want to know if I need to re-apply for H1 when I apply for job or it simply be change of employer as I already have H.

 

Any inputs will be helpful!

 

Regards

 

[t75]

Every change of position requires a new petition.

[jairichi]

I received H1b (3years) during my medical residency, which will expire on June 30, 2014. I want to know if I need to re-apply for H1 when I apply for job or it simply be change of employer as I already have H.

 

Any inputs will be helpful!

 

Regards

Your new employer would have to file a H1B petition. Not you.

[junkylov]

Every change of position requires a new petition.

 

 

Your new employer would have to file a H1B petition. Not you.

I think I agree with what you both said. But my question is does the new petition mean "new h1b application" or "transfer of h1b". My spouse changed jobs four times in last six years but it was a simple transfer of h1 and not a new h1b application. By "new application" I mean, working against the quota of 65K every April and wait for lottery result.

 

Hope this clarifies my question a bit better.

[JoeF]

I think I agree with what you both said. But my question is does the new petition mean "new h1b application" or "transfer of h1b". My spouse changed jobs four times in last six years but it was a simple transfer of h1 and not a new h1b application. By "new application" I mean, working against the quota of 65K every April and wait for lottery result.

 

Hope this clarifies my question a bit better.

An "H1 transfer" is actually ALWAYS a new H1 petition. It is an I-129, filed by the employer. The same I-129 that is filed for any H1 petition.

[pontevecchio]

Have you seriously discussed your position with a Good Lawyer dealing with medicine? What are you planning after 3 years? Something to think about. A H1 change of employer or "transfer" is non cap and involves a new H1 petition filing.

[junkylov]

Have you seriously discussed your position with a Good Lawyer dealing with medicine? What are you planning after 3 years? Something to think about. A H1 change of employer or "transfer" is non cap and involves a new H1 petition filing.

 

Not sure how serious it is but everyone when go for job expect to file GC before 3 year period ends. Given my education, it probably will be NIW/EB1/EB2 (based on choices I make with employer such as joining Army which can provide GC in a shorter period of time). So, yes I have given a thought.

 

You are right. I was using word "transfer" instead of "change of employer" creating the confusion. 

 

Options can be:

1. Go for "cap exempt employer" and it would be "change of employer" with a new petition filed by them.

2. Go for "non cap exempt employer", they'll file a new H1 petition as "new employer"

 

Hope this helps someone here.