H1B visa cap?? Please help

[LexiMStL]

Do I understand correctly when I hear that there are no more H1B's being issued this year?

My boyfriend is a doctor, with an I-130 app through his American mother which has been pending for like 5 years now (he applied after he was 21) and they say it will be another 3 - ? years before it's looked at.

We were hoping that we could find him a job to get him to the US and out of Venezuela as soon as possible, perhaps teaching, or translating at a hospital. Is this possible? Or are there no more H1Bs being issued? He's a doctor, but he would not be getting a job as a doc quite yet since he is not yet licensed to practice in the USA.

Any advice? I can no longer go to Venezuela since I've already been there 3 times on the visa waiver agreement with the USA. Apparently, that is the limit (I had no idea about that when I left Vzla a month ago) So now we are stuck in our respective countries. As you can see, this is a pretty urgent situation.

Sincerely,
Lexi

[DMX17]

This year's cap for cap-subject H1B applicants has been reached.

Generally, cap-subject H-1Bs can be applied on April 1st with a start date of Oct 1st, the earliest.

Some employers are cap-exempt and they can apply H1 any time. Look for such jobs since your boyfriend is a Doctor.

Search on immihelp H1 page for details.

Cap-Exempt NEW H1:

This option is available to qualified beneficiary who:

(1) Is employed (or has received an offer of employment) at an institution of higher education, or a related or affiliated nonprofit entity;
(2) Is employed (or has received an offer of employment) at a nonprofit research organization or a governmental research organization.

[LexiMStL]

Thank you DMX

So let me see if I understand... If he is offered a job at any university or college for example, there is no cap, and he can appy anytime? That would be good news if that is the case, since he is most interested in teaching at a medical school or something like that. A few more questions...


1.Can he apply anytime if thats the case?

2.Approximately how long does the process take, from filing to arrival in the USA?

3. I've heard that there is some sort of express processing, as little as 15 days, for an extra fee (a large one) Is that true? How does one go about that process?

Thank you so so much, for any answers.

Lexi

[DMX17]

1. He does not apply. The employer does. Yes, any time as long the employer is cap-exempt.
2. It could be as fast as 15 days once the employer applied for H1.
3. That's correct. It's called Premium Processing for $1000.

[LexiMStL]

Thank you, thank you, thank you for your quick replies.

Yes, I am aware that the employer is the one who will actually file. This is all good news.

One final question (at least I think so)

Do you (or anyone else out there) think that there is a possibility for a medical doctor to fill the position of a teacher at a university (teaching medical terminology or something medical of course) or is this an impossibility because he does not actually have a teaching degree. I'm asking from an immigration officers perspective. Will he automatically be denied because his degree is in medicine and not education? He has teaching experience, and the resume to go along with it.

Just your opinion would help.

Thanks! I promise I won't bug you guys too much!

Lexi

[C4us]

University faculty have degrees in their field not degrees in education.

The problem is finding a job as university positions are extremely competitive and hiring for the coming (2008-09) year is most likely completed; plans are being made for August 2009 by most schools.

It is also unlikely that he would be hired without an on-site interview which many universities will not fund for international applicants.

Are you a citizen? Are you planning to get married? If so, he could apply for a fiance visa as long as you plan to marry within 90 days of his arrival in the US.

[LexiMStL]

Well, that is unfortunate. Although, it seems that there are some positions open where I live for teachers at several nursing colleges. Teaching anatomy & physiology and things of that nature, so we'll see. I hope to prove you wrong, lol.

Yes, I am an American citizen, but we've only been together for a little bit over year, and as I understand, you have to have been together for at least 2 years before you can apply for a K1, not to mention the fact that you have to be legitimately engaged, and we are not. As I understand it, getting engaged and subsequently married for immigration purposes is illegal. Perhaps our relationship will reach that point in the future, who knows, but as of now, we are not engaged. Even immigration lawyers have told me that "Why don't you two just get married, it's so much easier!" Lol. Anyway, doesn't the k1 process take a very very long time?

Thanks for the input!!

[C4us]

Both the K1 and K3 should take less than a year. It is not illegal to get married with the intent to be a couple and take advantage of the immigration process. It is illegal to marry with immigration the only consideration and no intent to live as a married couple. With the fiance visa I know you must marry within 90 days of his entering the country. I do not believe that there is a length of relationship test of a specific length of time. You must have seen each other within a particular period of time. I'm sorry I have not been interested in fiance visa so have only a passing knowledge of them. Check the USCIS and Department of State websites for official information.

Your mention of teaching in a nursing program is a good thought. Check the community colleges and vo-tech schools as there is a shortage of nursing instructors which adversely affects the number of students that can be enrolled. I do not know what the licensing qualifications might be. I suggest that you subscribe to the Chronicle of Higher Education (check chronicle.com). This is where most of the higher ed jobs get posted. Some of the jobs may be cap-exempt so that filing can occur at any time of year. I suspect it has a lot to do with the university affiliations of the subordinate institutions as which are or are not cap-exempt. Read up on the the requirements for underserved medical areas as well.

The physican exams is a multistep process.
Good luck!

[LexiMStL]

Thank you all very much for your responses.

I will continue to look into finding him a job in teaching. As of now, getting married is not an option, although I do realize that it is the simplest way, lol, or so I'm told.

Oh well, good things are worth fighting for!

Thanks again!
Lexi