H1 Resident - options for a H1 job after graduation

[imresident]

Hello -

I am doing my residency on H1B visa. My current H1 for PGY3 expires in August when I finish my residency.

I am currently interviewing for jobs after my graduation. I have a few questions on the options out there so that I do not go out of status.

1) Since I have been on H1B for the last 3 years - would the new H1 for the future job be subject to the H1B CAP

2) Do I have to wait till October to start working on H1B? Would it be different if the new employer is a not-for-profit organization?

3) If the new H1 only starts from October - I will be out of status for the month of September. Is there an extension option in this case? or do I have to go back to my home country (India) and come back with the new H1 visa stamped?

Thank you for your help.

IM Resident.

[pontevecchio]

1. NO

2. Not necessarily.

3. You are not subject to cap. Hence October etc. is not a deal breaker. If your I94 expires before the new job then it is likely the H1 will be approved but not Extension of status which means leaving and coming back with a visa and a new I94.

You should really discuss all relevant issues with a Lawyer.

[imresident]

Thank you for the quick response.

I will definitely discuss this with a lawyer - but I wanted to understand the options to figure out whom to interview with. I was told that if I join a private group [for Profit] - even though they want me to start before my I94 expires (Aug 31st) - I can not start working until Oct 1st. Is that true?

[pontevecchio]

You will have to directly ask them. I would look for a hospital based job if at all possible and then see what happens in future.