Hello Doctor,

Have you ever previously been counted against the H-1B cap? Have you ever been in J-1 status? I am assuming from the scenario you describe that the answer to these questions is no. It seems more likely that you are coming out of a cap exempt residency or fellowship program and will be working for a private employer. Please correct me if I am wrong.

You are right that your H-1B would need to be filed in the first week of April in order to be considered for an H-1B slot due to the limited number of slots available each fiscal year. Additionally, to be eligible for an H-1B, a physician must submit proof of a medical license in the state where he or she will practice. This can be difficult for physicians who have not yet completed a residency in the United States, because they may not have a valid license by April.

There may be some options to consider, such as a physician national interest waiver which may provide you with general work authorization (unless you are of Indian or Chinese nationality). Indeed, any employer may be able to sponsor your green card or you may be able to sponsor your own green card. Further, your employer may be able to qualify for cap exemption or you may be able to work at a cap exempt location. These are just a few options to consider.

I hope this information is helpful to you.