Dear Dr. Zeidan: It depends. If the sponsoring hospital is cap-exempt then you do not have to wait until Oct. 1 to begin your residency in H-1B status. If not, then you will need to either be in status through the B-2 stay on Oct. 1 or depart the US and have the H-1B petition approved and obtain an H-1B visa to re-enter the US. Do you have USMLE passage? Can the hospital get a residency state permit for you?
More information needs to be obtained for a full analysis. Have the hospital HR contact our officve at psb@barnett-lawgroup.com if they do not already have an immigration attorney.
Pam Barnett
Answered on Mar 04th, 2013 at 12:49 PM