Immigration Issues/visa for research


QUESTION: hello, i find this web site very useful, i am sure to find answer to my query here.
I have finished my postgraduation in India, MS Surgery. I have an opportunity to get in a research fellow position in US for one yr. The institute in US shall be funding my research. I want to know which visa best suits me, coz in near future i shall be applying for a clinical fellow position. I am worried about the 2 yr Home country return rule, is this applicable to J1 research visa?
also is it possible i can do this post graduation research on F1 research visa.
I am currently on visitor visa in US
Thanks in advance
Dr Yogesh More
Dr Yogesh More

ANSWER: Dr. Yogesh,
J-1 visa in most cases will subject you to the two year requirement.  F-1 visa is only for students. The best option would be the H-1B visa.

Ramasamy Krishnan

---------- FOLLOW-UP ----------

QUESTION: Thanks a lot for your kind reply,
as you have mentioned that H1b should be best, i would like to know if converting H1b research to H1b clinical visa, thats when i complete my research fellow position and shift to a clinical fellow position, could this conversion be a problem or what are the limitations/restrictions in this conversion?

Dr. Yogesh,
There is no different H-1B visas for different jobs or professions. The only limitation is in the availability of the H visas. Since you will be working for an educational institution your initial H visa would be "not subject to the cap" but when you shift to work for a company then you will become subject to the cap.

You should also try to obtain your green card or permanent residency ASAP.

Ramasamy Krishnan

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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