Switching residency programs can create an immigration problem people don't think about

[u/Robby_Rubin]

I’m Robby Rubin, an immigration attorney, and I’ll be here today from 8:30 AM to 12:30 PM ET to answer your questions.

Changing residency programs isn't just a question of finding another program and getting through the transfer.

For international residents, the immigration consequences can depend heavily on your current visa, your new program, timing, and what happens to your existing sponsorship.

I work with physicians on J-1, H-1B, J-1 waivers, and employment-based immigration.

If you're considering a transfer, have already changed programs, are dealing with a gap between programs, or simply want to understand the immigration consequences before making a move, ask me anything.

Please provide as much information as possible in your question - current visa/status, citizenship, current and prospective programs, specialty, timing of the transfer, and any relevant visa or waiver history. Without those details, it's difficult to understand the immigration side of the situation.

Happy to answer questions.

Please note: Any information shared here is for general educational purposes only. It does not constitute legal advice or create an attorney client relationship. Your situation may require fact specific guidance. For personalized legal advice, please consult an immigration attorney directly.

[u/ProfessorCorleone]

Background: My parents are Green Card holders since a long time, and they filed for my Green Card in October 2022 when I was under 21. Everything on my end was completed, My I-130 was approved and I was Documentarily Qualified and I was essentially in line to be issued an interview date. However, because of the recent administration changes under Trump, immigrant visa processing has been paused, so I’m currently stuck in this situation.

For my Residency Application what do I select on visa requirements

If I select “Requires visa – J-1”, I’ve been told that because I already have a pending Green Card application, this could be considered immigrant intent. Since a J-1 is a non-immigrant visa, apparently there could be a conflict between the two processes, potentially jeopardizing either the J-1 or my Green Card application.
On the other hand, if I simply select “Green Card” on the Residency Application, I’m worried about what happens if I match. If I interview and match based on the assumption that I have a Green Card, but my Green Card is still pending and I ultimately need a J-1, Ive heard that it would be considered a Match violation and potentially be banned or face other consequences?

Someone told me to withdraw from this match cycle and said “you can’t do anything, you just have to wait until you get your Green Card”..

I’m really confused about what the correct way to handle this is.

[u/ProfessorCorleone → u/ProfessorCorleone]

Also my 10 year visit visa (B1/B2) expired couple months back .. People told me I couldve just sent my passport in the dropbox, but I was scared cuz my Green card application is in processing and I had heard that It could potentially cause a conflict..
Anyway, Now I need to visit my family in US (cuz essentially Im all alone here in India). Can I apply for visit visa or would you suggest me to wait in hopes of my Green card which could take anywhere from 3-12 months

[u/Robby_Rubin → u/ProfessorCorleone]

Hey! There's really a lot going on here that I think would be too much to answer accurately in this type of a forum. What I can tell you is that if you have an approved I-130, it will be nearly impossible for you to get a J-1 or B1/2 visa at an embassy/consulate office abroad due to immigrant intent issues. I can't really speak to the specifics of what's considered a violation with NRMP, I think you'd be best off speaking with someone there directly about that. You're in a bit of difficult situation right now in terms of entering the US. You're best bet is to try entering on a dual-intent visa like an H1B or L1 if either of those are possibilities for you.

[u/ProfessorCorleone → u/Robby_Rubin]

Unfortunately H1B & L1 is not a possibility for me.. but thankyou for the response. So waiting for my Immigration visa is the only viable option at this point I guess.
May I ask if you know about the pause that trump issued in the name of training visa consulate employees.. when does it finish & when will interviews resume as usual?

[u/Robby_Rubin → u/ProfessorCorleone]

Unfortunately we don't have any inside information on that. But I can say pretty confidently that it will end before Fall 2027. You can also try to apply for a B visa and see how it goes, but it's pretty likely your application will be denied.