H1b Visa application process for Residency in the US
Congratulations for being matched into the residency! I know that just like me you are very excited about starting new chapter of your life in the US.
I have made calls to a lot of friends asking about the process of applying for the H1b visa and have been asked by other friends in turn about the same. So, I’m writing this post, because I know that this information might be useful not just this year but in coming years as well and more importantly, we are all gonna forget this in like a couple of months.
Rumor has it that getting visa of any kind for the US is an unpredictable process. In my experience though, with the right kind of preparation and by being honest about the reason for being in the US, the visa should be issued.
On that note, let’s get started.
Petition
The H1b visa application process starts with filing the petition for H1b to the USCIS by the lawyer appointed by the residency program. The only prerequisite for the filing the petition is that you need to have a valid license of practice in the state that you will be doing the residency. In case your state (like NY) doesn’t need a state license, your lawyer can directly file the petition.
Since, this will be the busiest time of the year for the state licensing agency, it’s recommended that you work with the residency program to file for the license as early as possible. Some licensing agency can take up to 4 weeks to process the license.
Once the license is approved, let your lawyer know and she/he should be able to file the petition. Because of the long waiting time of months for the H1b application, the petition will be filed with premium processing which means that the petition will be processed within 15 days including the weekends. I got the decision on my petition on the 10th day, probably because my program/lawyer were kind enough to file the petition very early.
There is a fee for the premium processing, which can either be paid for by the program or you might be asked to pay for it.
Applying for the visa
If your previous US travel history is clean i.e. no overstay without filing for extension, no violation of terms of the visa, etc., there is very high probability that you will be issued the visa. Because at this point of time, there will be very short time left before the residency starts, you can start working on the DS-160 even before you get the approval notice. So, once your lawyer files the petition, ask for the filing number/petition number. This number is the only information needed to finish the DS-160.
Once you finish the DS-160, go to the schedule the visa interview website. Here, you won’t be able to finish the application because you will be asked for the expiry of the H1b visa. Since, you won’t have this information until your petition is approved, you can put a placeholder date and finish the form. Once you get your approval notice, ask your lawyer for the scanned copy of your approval notice. This way you can edit the date in the scheduling website and get the cash payment form. I scheduled the visa interview even before I got my hands on actual I-797 approval notice.
Visa interview
Once you get your approval, have your lawyer’s office send the I-797 notice and other application package via overnight courier service. This way you should be have the package in 2–3 business days. If by any chance you are too close to the start date of your residency by the time you get your approval, ask for a letter from your Program Coordinator, requesting the US consulate to give you an emergency appointment. This way you can schedule the interview within 5 business days.
For the interview you will need the following documents:
- I-797 approval notice
- The application package that your lawyer’s office has sent
- Original copies of your academic credentials
- Any prior documents you have received from USCIS e.g. approval of your extension for your B1/B2.
Please be very careful with the last document. Your prior travel history to the US is a very important criteria used by the US consulate in deciding whether or not to grant you a visa. So, please take all the relevant documents from USCIS on the day of your interview. Even though the consulate does verify the information online even if you haven’t taken the documents with you, this might cause unexpected delay in issuing the visa.
During the interview you will be asked about the name of your hospital, about your job title and other casual stuff. The interview is generally just a formality.
And that’s it…
H4 for Spouse
If you are happily married (like I was during my visa application) and would like to apply for the H4 for your spouse, the process is really simple. You do not need to get approval from USCIS for your spouse. So, once your petition is approved, fill in a separate DS 160 for your spouse. You will need the filing number/petition number for this as well.
Then while scheduling your visa interview, there will be an option for “add another person”. Choose this option to enter the DS 160 application number of your spouse. When you do this, the website will generate a single cash payment slip with the fee for 2 people. This way you and your spouse will be scheduled for a single interview.
For the interview, have these documents ready:
- Marriage registration certificate
- Photos from your wedding (take as many as you can)
Well that’s all the information I think is needed. If there is anything more that you would like to know or if any information is not clear, do leave comments below.
Good luck!
