Can I apply for NIW in the middle of residency(on H1-B)?

[docaj]

My question is when we can apply for NIW (under the "physicians serving in under-served region" category).

If everything goes well I may start my residency in summer of 2005 on H1-B. But a big headache is that my H1-B will only have 2 years left by then.

So is it possible to apply for NIW while I am still in residency without a job offer? I guess if the answer is yes, then I can file NIW/485/EAD concurrently and, since EAD only takes several months to get, I can start using EAD before H1-B expires.

Thank you for your advice!

 

[J1victim]

NIW during residency ...

...... I may start my residency in summer of 2005 on H1-B........ my H1-B will only have 2 years left by then.
So is it possible to apply for NIW while I am still in residency without a job offer? I guess if the answer is yes, then I can file NIW/485/EAD concurrently and, since EAD only takes several months to get, I can start using EAD before H1-B expires.

YES!!!!

NIW is for work in MUA/MUP/HPSA/ARC/VA/DRA. If you satify ALL the conditions below, then you can:

1. your residency has to be in these areas (MUA/MUP/HPSA/ARC/VA/DRA).
2. your residency has to be in the approved specialty.
3. you need a letter from any of the above IGA that your work is in public interest.
4. you will need a contract for 5 years. (you may overcome this by getting a 3 year contract + own practice plan for 2 years).

**********************
disclaimer; my personal opinion only.

 

[docaj]

Thank you!

I thought this category of NIW only applied to licensed physicians, i.e., those who have finished residency training.

 

[hadron]

I don't know whether you can apply for it before you finish residency.

Depending on the state, you might be able to get your DOH support letter without actually having a job offer.
For all they care, you are planning to open an office (in that case however you have to provide a copy of your office space lease, medical license, business plan, hospital privileges etc.)

You might want to be careful with this. There has been an AAO decision last year on someone who filed a physicians NIW for NY state in 1998, did her residency in california on EAD and tried to get a job in Florida afterwards. When she came up for AOS the service found out that she actually never provided primary care in NY, yanked the underlying I140 and denied her I485. In this decision, they made clear that a physicians NIW is not intended for residency but for independent practice.

If you want to get an extension on your H1b, you might want to think about finding someone to file a labor cert for you. Once that is pending >1 year, you can get 7th and 8th year extensions on your H1b.

And for the idea of filing a NIW to get an EAD: Been there, done that, didn't work.
( At times, they put a 'hold' on the EAD in cases of NIW filings. They want to adjudicate the I140 first before they give you an EAD. In the end, it might take you 18 months instead of the anticipated 3 to get the EAD. It also blocks you from getting an iEAD)

 

[docaj]

Thank you, hadron.

I also think it may not be a good idea to rely on EAD by NIW. Even if it is feasibe, one big risk is if the NIW is denied then I will lose legal status right away.
About H1-B extension based on pending LC, is it possible to persuade a hospital to file LC when I am still in, say, 2nd year of residency?

 

[hadron]

> About H1-B extension based on pending LC, is it possible to
> persuade a hospital to file LC when I am still in, say,
> 2nd year of residency?

Hospitals don't hire physicians. Practices and Clinic organisations do. Depending on your specialty and your people skills, you might be able to convince a place to file for you
(remember, you don't need to actually work for this place. If you can convince one of your attendings at the hospital you do your residency at to file. He doesn't have to hire you, just file the LC. If you read up on it, you can fill out the LC paperwork yourself. The filing fee isn't too bad either. If you are in any of the usual FMG friendly states for residency (NY, MA, IL, CT), you won't hear from the labor office for two years anyway. )

Oh, you can't get a LC for a residency position, it is not permanent.