I-485 pending / Residency Match agreement
- Thread starter danzx8
- Start date
Thanks for your reply.
It defenitely is over 180 days, so technically i am eligible for portability. But the problem, to my knowledge, would be that my current job is a research associate, and my I-140 was approved in EB2 category. If I "change my work" and get into residency, my job description will hardly include any significant research activities.
Isn't this going to be a problem?
It defenitely is over 180 days, so technically i am eligible for portability. But the problem, to my knowledge, would be that my current job is a research associate, and my I-140 was approved in EB2 category. If I "change my work" and get into residency, my job description will hardly include any significant research activities.
Isn't this going to be a problem?
It was outstanding researcher category, which to my knowledge is EB2.
I agree that new position should be comparable, but to my knowledge a job description of a resident doesn't have much of research, whereas my current job description contains only research. So, I am afraid they are not comparable.
thanks
I agree that new position should be comparable, but to my knowledge a job description of a resident doesn't have much of research, whereas my current job description contains only research. So, I am afraid they are not comparable.
thanks
If your residency is in a University hospital, then research is definitely in.
I, too, got my PERM filed with EB-2 category and got my gc 1 month from filing I-140 and I-485.
I would talk to a lawyer to see your options. i finished internal med residency and cardiology fellowship. At 1 time i was on a O-visa and I didn't even have a publication in my name.
I, too, got my PERM filed with EB-2 category and got my gc 1 month from filing I-140 and I-485.
I would talk to a lawyer to see your options. i finished internal med residency and cardiology fellowship. At 1 time i was on a O-visa and I didn't even have a publication in my name.
backlogged1
Registered Users (C)
OR and residency
First thing
nobody can force you to take a residency on J1 or on any visa even though you participated in match.Telling you from personal experience.You simply call Program Director telling that you will not be able to join.Try to do it as early as you can if you have to do it to avoid bad blood and to give him some time to find a replacement
Second
ortability will not work as BCIS is very clear about residency : it is not considered a job,it is a training.For portability,if I am not wrong then you can switch to a different job with similar profile.
One point you may like to look into is self petitioned Vs. employer petition for permanent residence.With self petition you can use your EAD to join residency.
I know that choices are not easy
Good Luck
Backlogged1
P.S. I am not a lawyer.Pl. consult a lawyer for a professional advice
First thing
nobody can force you to take a residency on J1 or on any visa even though you participated in match.Telling you from personal experience.You simply call Program Director telling that you will not be able to join.Try to do it as early as you can if you have to do it to avoid bad blood and to give him some time to find a replacement
Second
ortability will not work as BCIS is very clear about residency : it is not considered a job,it is a training.For portability,if I am not wrong then you can switch to a different job with similar profile.One point you may like to look into is self petitioned Vs. employer petition for permanent residence.With self petition you can use your EAD to join residency.
I know that choices are not easy
Good Luck
Backlogged1
P.S. I am not a lawyer.Pl. consult a lawyer for a professional advice
unique.ways
Registered Users (C)
the similarity of job applies to when you have submitted your I-485 through employment, not through the EB2. I know people who are simultaneously doing residency and fellowship with their ongoing process of EB2. good luck.
unique.ways
Registered Users (C)
I-485 and fellowship
My husband is in the process of PR thru employment as an internist. he would like to apply for fellowship and feels that he cannot, since he fears that fellowship is not considered "similar job". I feel that that is not the case. While the job descriptions of being INTERNIST is not much different than being a subspecialty trainee IN THE FIELD OF INTERNAL MEDICINE. what do you guys think? does anyone have any experience with this?
Bita
My husband is in the process of PR thru employment as an internist. he would like to apply for fellowship and feels that he cannot, since he fears that fellowship is not considered "similar job". I feel that that is not the case. While the job descriptions of being INTERNIST is not much different than being a subspecialty trainee IN THE FIELD OF INTERNAL MEDICINE. what do you guys think? does anyone have any experience with this?
Bita
At times, with EB-1 extraordinary ability or outstanding researcher petitions, they send you an RFE just before they are ready to approve it asking for evidence that you still work in the area of expertise you got the I140 approved for. This doesn't have to be the same job, but if you got your EA or OR in particle physics, they don't like it if you now manage your uncles chain of 7-11 stores.
Hi guys,
I am new to this forum. My situation is exactly the same as danzx8. I have just matched into a residency program and my I-485 is still pending. The problem is that my H1B expires in September/07 and my EAD expires in Oct/07. It means that as of today, I have all options; however, after October, I will have none. I am afraid I will miss this opportunity of a lifetime.
Concurrent filing - Feb 06
I-140 approved - Aug 06
FP- done in Oct 06
Last LUD - 10/12/06
Tried infopass and phone calls: Despite promises of receiving an answer about my inquiries, I got Absolutely no replies until today (since January).
On top of all these problems, my lawyer couldn't care less about my case, and she doesn't want to take any action because she "thinks it is not necessary" and I should wait and try the Match again next year (easy for her to say...).
Any suggestion would be really welcome. I feel I reached a dead end.
I am new to this forum. My situation is exactly the same as danzx8. I have just matched into a residency program and my I-485 is still pending. The problem is that my H1B expires in September/07 and my EAD expires in Oct/07. It means that as of today, I have all options; however, after October, I will have none. I am afraid I will miss this opportunity of a lifetime.
Concurrent filing - Feb 06
I-140 approved - Aug 06
FP- done in Oct 06
Last LUD - 10/12/06
Tried infopass and phone calls: Despite promises of receiving an answer about my inquiries, I got Absolutely no replies until today (since January).
On top of all these problems, my lawyer couldn't care less about my case, and she doesn't want to take any action because she "thinks it is not necessary" and I should wait and try the Match again next year (easy for her to say...).
Any suggestion would be really welcome. I feel I reached a dead end.
If your I-140 was in EB1 Extraordianry Ability where you explained your self in field of medicine then you can use youe EAD. But if it was for any other category then it will be difficult for you to justify the change. Ask your program director to give you H1B1. Until unless they have some policy to give H1, he should sponsor your H1.
the similarity of job applies to when you have submitted your I-485 through employment, not through the EB2. I know people who are simultaneously doing residency and fellowship with their ongoing process of EB2. good luck.
Hi Bita,
I am glad to see you here. Could you please elaborate on this: what is 'have submitted your I-485 through employment, not through the EB2'. I thought EB2 (LC) was employment based. Thanks again for all of your efforts.
Jeff
If you have pending 485 based not based on your employment in a specific categroy then you can do any thing.
You can also apply for EAd and work.
Residency while family-based (other than marriage) I485 is pending?
Hi,
does anyone have any idea whether one is allowed to do residency training while a I485 is pending? As far as I know once family-based but not marriage-based I485 is filed it is possible to get an EAD within 3 months or so. So... do you think that this EAD is enough for residency or an H1B is needed while I485 is pending due to name check?
Another question is: when you apply for residencies do you have to specify your status (citizenship, PR, F1)?
Hi,
does anyone have any idea whether one is allowed to do residency training while a I485 is pending? As far as I know once family-based but not marriage-based I485 is filed it is possible to get an EAD within 3 months or so. So... do you think that this EAD is enough for residency or an H1B is needed while I485 is pending due to name check?
Another question is: when you apply for residencies do you have to specify your status (citizenship, PR, F1)?
dansx8:
you cant port the 485 because your job spec wont fit with the residency. However, you could do an H1b transfer(mostly you will get a transfer) to the residency program and leave your eads/485's behind you. If USCIS asks you can always tell them that you will return to the university in the future. GC process can be used for future employees as long as the university dont object. you could still get your GC, if you are lucky this way.
you cant port the 485 because your job spec wont fit with the residency. However, you could do an H1b transfer(mostly you will get a transfer) to the residency program and leave your eads/485's behind you. If USCIS asks you can always tell them that you will return to the university in the future. GC process can be used for future employees as long as the university dont object. you could still get your GC, if you are lucky this way.
Hospitals are willing to sponsor H1B for residents. So, I don't see the point of doing residency with a pending I485. Are you also in medical school?
ULTRON
ULTRON
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