Challenging question(s) for Great Guru

[Ozy]

Dear Great Guru:
I am faced with some challenging situations and need to move quickly.

I have a very good friend of mine who finished his BDS in India, practiced a few years there - came over to US and did his GPR for 1 yr (F-1). Following that he got accepted in a two year Advanced Certificate program (not an MS though) in a speciality field (pedo on F-1). He wrapped up his program and now holds an unconditional license to practice. I am willing to team up with him to start a new practice:

1. Can I get an H-1b for a brand new practice (yet to be started)? It will only exist on paper when we file for his H-1 (I can register for that PA because my wife is a dentist and we both have GCs). Will BCIS be ok with me showing that we are planning on starting a practice - please give my associate an H-1 for this new entity?
2. Can I apply for his GC under EB2? He has 3 year advanced training in US and an unconditional license?
3. Will he be eligible to apply under the additional 20K visa for H-1 for holders of advanced degree in the US? the other quota is already exhausted as I type this? He holds an advanced degree but not MS?
4. We might start a medicaid practice - does that strenghten his GC or H-1 application?
5. If he has an academic H-1 (because he has a full-time faculty position at a University) - can I get the H-1 transfered to the *for-profit* entity? or is this a new H-1 application altogether? Transfer is easier ... so I was hoping I can simply get it transfered - but Univs H-1 dont' count towards the quota - was not sure...

Any guidance that you can provide will be much appreciated.

Much Thanks to all contributors.

 

[great guru]

z

Dear Great Guru:
I am faced with some challenging situations and need to move quickly.

I have a very good friend of mine who finished his BDS in India, practiced a few years there - came over to US and did his GPR for 1 yr (F-1). Following that he got accepted in a two year Advanced Certificate program (not an MS though) in a speciality field (pedo on F-1). He wrapped up his program and now holds an unconditional license to practice. I am willing to team up with him to start a new practice:

1. Can I get an H-1b for a brand new practice (yet to be started)? It will only exist on paper when we file for his H-1 (I can register for that PA because my wife is a dentist and we both have GCs). Will BCIS be ok with me showing that we are planning on starting a practice - please give my associate an H-1 for this new entity?

For a brand new practice you have to come across lot of things to prove in front of USCIS. Only few states provides unconditional license for dentist without a DDS and with speciality, there are restriction in his H1. Again you must pay minimum wages 80-110$ per hour depends on your state whether he is making money for you or not. 40 hours per week minimum. Do you have resources $16,000 per month to pay him average. Again setting up a new practise from leasing out place, getting big and small equipments for minimum 4 operatory will cost 200k$ to 600k$. Without digital stuffs like intra oral, pano patients shy away. Practice management s/w, patient education etc additional cost of $100K calculate front office + 2 assistance. Unless you have other resources to support, think twice. If you have money, ignore the above

2. Can I apply for his GC under EB2? He has 3 year advanced training in US and an unconditional license?
Any new practice must have +ve balance sheet atleast 3 consecutive years to get GC though he may qualify for EB2

3. Will he be eligible to apply under the additional 20K visa for H-1 for holders of advanced degree in the US? the other quota is already exhausted as I type this? He holds an advanced degree but not MS? YES. Do you have the practice physical place , lease agreement, and photos and staffs in it.

4. We might start a medicaid practice - does that strenghten his GC or H-1 application?
Medicaid not going to help you at all for USCIS. Most of the states cutting down medicaid benefits already. Few state considering taking away Medicaid alltogether. It is a state burden. Most of the law suits come from Medicaid patients, for a new practice purely dependable on Medicaid is not a wise thing

5. If he has an academic H-1 (because he has a full-time faculty position at a University) - can I get the H-1 transfered to the *for-profit* entity?

No, not at all. His H1 come under quota though it is a transfer.
or is this a new H-1 application altogether? transfer but new H1 under quota ... so I was hoping I can simply get it transfered - but Univs H-1 dont' count towards the quota - was not sure... You are not correct. His h1 come under year 2008 quota.
Any guidance that you can provide will be much appreciated.

Much Thanks to all contributors.
It is not the h1b confusion , but the business plan it self.

 

[Ozy]

This is extremely helpful. Thankyou for the straight and candid reply. Financing is not an issue - I believe we have a solid business plan in place.

My action plan will be to move ahead and acquire an existing practice (fee for service and file an H-1 transfer under this acquired entity.

Thanks "Great Guru" - this is a tremendous forum !!

Oz

 

[great guru]

If finance is not an issue you can go ahead and set up the clinic, and apply h1 on that entity.
-------------------------------------------------------

This is extremely helpful. Thankyou for the straight and candid reply. Financing is not an issue - I believe we have a solid business plan in place.

My action plan will be to move ahead and acquire an existing practice (fee for service and file an H-1 transfer under this acquired entity.

Thanks "Great Guru" - this is a tremendous forum !!

Oz

 

[fernand99]

I-140 waiting time at Nebraska!!

Hi
Great Guru
Can you share with me?
Now a days how long it is taking to get decision for I-140 at Nebraska,my case is pending for more than 7 months after 6-7 LUDS.
When will retrogression be over?
My case EB3 schedule A physitherapist
Kind information will be greatly appreciated!

 

[great guru]

You have to wait 3 more months for your I 140 approval from NSC if the trends continues as before.

Retrogresstion based on visa availabilty and visa applied. I do not have anystatistics right now with me. Once available to public let me know.

Hi
Great Guru
Can you share with me?
Now a days how long it is taking to get decision for I-140 at Nebraska,my case is pending for more than 7 months after 6-7 LUDS.
When will retrogression be over?
My case EB3 schedule A physitherapist
Kind information will be greatly appreciated!