advise needed hadron or any one pls

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fimbria

Registered Users (C)
hi,new to this forum,i also come from a country thats retrogressed.on h-4 currently,my spouse's h-1 expires in may 2007,he recently applied thro perm for lc.
any idea how long the retrogression last?
i am preparing for usmles,i came here on h-4 in 2005 july.i may join residency in 2008 july,by then i will have used up 3 yrs.
by the time i finish residency another 3 yrs,i will just be left with 1 month on h visa as 6 yrs will be over by then.is it possible that in 2nd year of residency ican i file my lc based on future employment?or do you think by then we may get our ead?how should i plan out?or should i stay away fromUS for a year or so?
for extention beyond 6th year lc should be approved and peding for 365 days i guess am i rigth?
any possibilty for an employer to sponcer me during residency as future employee and apply for labour?
pls kindly advice.
 
> any idea how long the retrogression last?

I will give you the answer in the style that USCIS wrote onto the I485 receipt:

'Retrogression will last from 30 to 99999 days. If you haven't heard from us 60 days after the projected timeframe, call our customer service center at ....'

I don't think anyone can tell how long retrogression is going to be around.

As for the rest of your questions: There was a thread a while back with someone in a very similar situation. At the time myself and some of the other members went through most of the options (or non-options) available for the 'H4 doctor spouse of an IT guy'.
 
i will try to look out for that post but one last query is it possible while doing residency may be in 2nd year or beining of 3rd year can i apply for a future job and start g.c process in view of future employment?i have sufficient time to complete my residency,but by the time i may be employed i will run out of my h-1 status.if i be on f-1 for 6 months can i reapply for another 6yrs of fresh h-1.pls atleast ans these queries.thanx a ton.
 
> can i apply for a future job and start g.c process in view of future employment?

Yes and no. The problem here is that you have to be eligible to take the offered position on the day that the labor cert is filed. So, if the job title is 'attending psychiatrist' and the job requirement 'board eligible in general psychiatry', then you CAN't file during residency. However, if the job title is 'physician general practice' and the requirements are '2 years of graduate medical education, eligibility for a Kanbraska medical license', then you can file after 2 years of residency.
The problem is that 'general practice' labor certs are a bit dicey with the recruitment for the PERM or RIR. If you put an ad for a psychiatrist into JAMA you are unlikely to be faced with any applications from suitably qualified candidates. If you put in an ad for a GP, you might have to deal with some re-jects who have a medical license but never finished a residency who think that there is an actual job for them.
 
> if i be on f-1 for 6 months can i reapply for another 6yrs of fresh h-1

Unfortunately you can't. You have to be physically outside of the country for 1 year before getting another H1b (this can be canada by the way. there are allways locums jobs in the tundra to hang out for a year).

What you could do right now is to enroll in a college and change your status from H4 to F1 while you are going through the USMLEs. Kaplan sponsors F1s for people doing their courses ($$$$). But you can enroll in a community college full-time and get your food handling certificate or a license to operate a backhoe. (or better enroll in a masters program to get an MPH, if you graduate you would actually get something out of it career-wise).
By conserving valuable 'H' time, you can get yourself a bit out of the pickle with the expiring H1time at the end of residency. (by the way, if your husbands I140 is still pending, you could switch back to H4 during the time you have to wait for your own papers to go through. you couldn't work, but it would be a way to maintain status)
 
thanx for the reply.my spouse recently applied thro perm,with current terogression no one knows how long it takes.hope atleast we reach the stage of i-485 by then,so that i can also be eligible for extentions,or not i may have to take exams early and be ready for 2007 match,that way i will be having 1 yr after i complete residency,may i will be able to file then.
other than going out of usa for year or goingon f-1 etc are there no options to apply for a future job during residency?any other options?
 
> atleast we reach the stage of i-485 by then,so that i can also be
> eligible for extentions,

Unfortunately, you won't be eligible for H1b extensions based on your husbands LC/I140. You would be able to get extensions on a H4, but that wouldn't allow you to work. In order to work, you would need your own labor certification.

> or not i may have to take exams early and be ready for 2007 match,

I don't know, people take such a long time for the USMLEs. While I think it is prudent to spend a lot of energy on them, I don't think the time should be measured in years.

The other option would be to get a research job and maybe a green-card for some sort of technician job.
 
i guess during filing for i-485 my name will be included and that makes me elligible for my h-1 visa extentions?
h-4 extentions can be possible even without i-485,dont you think so.
once i-485 is approved and one gets ead its as good as g.c.
is it possible that after 6th year i convert back to h-4 and go back to my home country for 1 year.will i be able to get back and apply new h-1?or should one need to discard any form of h status and stay away for an year to resent the clock for h-1.

i did not get you.i mean work as researcher and apply for g.c?is there no way that during residency itself i can apply for g.c?if i say the programme director that i will work for their hospital as employee after residency?

just in case after residency if i am left with just 1 year can i be able to quikly procure a job and apply for g.c?i guess for h-1 extentions you need 365 days pending from the time you apply for labour.
 
lot of time is consumed in taking usmles as we need to wait for their results then apply and in spite of everything ready by september every year one needs for the matching process and start of residency for almost 8 months which is lot of waste of time.and more over its becoming even worse with delayed c.s results.
 
> i guess during filing for i-485 my name will be included and that
> makes me elligible for my h-1 visa extentions?

You can only file an I485 based on your husbands I140 if a visa number is available. As you are from retrogression land, you won't be able to file this for years to come.
Your husband will be able to file for H1b extensions and you will be able to file for H4 extensions based on the fact that his labor cert OR I140 is pending for more than 1 year.
YOU won't be able to file for H1b extensions based on your husbands LC/I140.

> h-4 extentions can be possible even without i-485,dont you think so.

Once your husbands LC or I140 is pending for >1 year, you can extend your H4, along with his H1b.

> should one need to discard any form of h status and stay away for
> an year to resent the clock for h-1.

You can't be in the US for one year, period.

> i mean work as researcher and apply for g.c?

If you work lets say in the lab at some biomedical corporation as a labtech they can file a labor certification and/or green-card for you.

> is there no way that during residency itself i can apply for g.c?if i
> say the programme director that i will work for their hospital as
> employee after residency?

Hospitals don't employ physicians and residency directors have very limited say about who gets hired for faculty. If a physician group decides that they want to hire you after residency, they could potentially sponsor you already as a resident (e.g. as 'general practitioner')

> just in case after residency if i am left with just 1 year can i be
> able to quikly procure a job and apply for g.c?

Yes. Typically you make a contract at least 6 months before graduation for your first job after residency. If a group is willing to get the ball rolling for your green-card (advertise the job, prepare the paperwork) they could in theory file on day1 of your employment (the moment you are 'board eligible' and have a medical license). Through various overlaps, you would still be stuck after that year, but it is possible.

> i guess for h-1 extentions you need 365 days pending from the time
> you apply for labour.

That is my understanding.

Talk to a knowledgeable immigration attorney about all of this. Please don't take my postings as legal advice because it is not.
 
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> lot of time is consumed in taking usmles as we need to wait for their results

You can take USMLE 1,2ck and 2cs in short succession. You don't have to wait for results of step1 in order to take step2.
The only time you have to wait is for step2cs results in order to take step3.
 
so u mean even as a resident i can be taken by the hospital in which i work as g.p and get my g.c process initiated in 2nd year .

can i go back to my home country on h-4 and come back after 1 year.will my clock for h-1 reset to six years.do this 1 year have to be continous or it can be intermitten too?or should one go away from US giving up any form of h status for an year.i need clarification on this.

so at the present day scenario filing under eb-2 category for i-485 may take years.so u mean more than 5 yrs?looks like no point staying here.i was a resident physcian in my country with post grad degree.eb-3 is understandable,but eb-2 also will take so long?

can i work part time during residency and apply thro that job,say as physcians assistant?

i am really sorry with so so many queries.thanx for all the suggestions.feel lost.
 
> by the hospital in which i work as g.p and get my g.c process initiated
> in 2nd year .

No, because residency by its very nature is temporary employment. There are people who through nepotism and bending of the law managed to get a hospital to sponsor them as resident, but this is certainly not legal.

> can i go back to my home country on h-4 and come back after 1 year.

You don't need a visa to go back.

> do this 1 year have to be continous or it can be intermitten too?

I believe it can be intermittent. But you can't enter the US during this year on any type of H or L visa, you would have to come as a visitor (B). Given your history of working in the US for years just before, it can be difficult to re-enter as a non-immigrant during this year. Particularly if your husband is already in immigration proceedings.


> so at the present day scenario filing under eb-2 category for i-485
> may take years.so u mean more than 5 yrs?

Nobody knows. With PERM labor certification and the 6-9month time-frame for non-concurrent I140s at some processing centers, a de-novo green-card case shouldn't take longer than 2 years these days (with consular processing). The uncertainty is retrogression, and it looks really godawful for EB-3 from india and china.

> looks like no point staying here.i was a resident physcian in my country

Well. I think it is allways worth to get the US post-graduate training. Even if immigration at this point seems difficult, a couple of years from now things might look different. Your US board certification and your USMLEs and permanent ECFMG certificate is something nobody can take away from you.

> can i work part time during residency and apply thro that job,say
> as physcians assistant?

Physicians assistant is a defined profession with a specific license requirement. You would not be able to work as a PA on the side.

You could technically work a second job during residency on H1b, but who would want to do that with a 60-80 hour workweek ?
 
so it seems very difficult for people like us .just hoping that our eb-2 category becomes current 5 yrs down the lane.
if not just go back to home country and wait till ead comes in.
thanx a lot for ur time.
 
can any one sponcer during residency and apply for g.c?in 2011 my 6yrs are over.so may be in 2nd year i can get some sponcer who can take me as his future employee and start of the process?
i read so in this forum only.someone in silimar situation.
 
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