Consular Processing for physician, Unique Situation please Help

S

sudmoni

Registered Users (C)
Hi Friends,
I have a unique situation and would like your comments and suggestions- URGENT PLEASE
I am a Physician(EB2 India), PD 18th april 2004. NVC Completed the file last year and transfered it to the consulate last year. Most likely my date will be current next month.
Now the tricky situation is I am starting a year of extra training(Fellowship) from July 2007 at other university Hospital and the H-1 transfer applicatn is already been sent last week by the other Hospital. The present employer who sponsered my employment based GC is ready to give the Employment Letter. If I choose to go for the interview it will be most likey by August/Sept. At that time I will be at the New Hospital for the fellowship training so My Concerns are--

--Is it risky to go for the interview when I have already left the GC sponsoring employer( I will join him next year after the fellowship)

--What other documents(apart from all the regular CP documents) will I need to support my case?

ANY SUGGESTIONS WILL BE GREATLY APPRECIATED.
Thanks
 
It would be foolish to attend your consular interview since your green card application is predicated on your job offer with a private employer. If you are starting a fellowship, the Consular Officer is probably not going to take your word for it that you will work for the employer when your fellowship is over. And a consular denial cannot be appealed.

My advice is to cancel your consular appointment, and get on with your fellowship. You can reapply when your fellowship is over.
 
I disagree. GC is about future employment. As long as you have the employment letter stating that you will be employed after the fellowship and you will have the same job descipryion as described for LC/140, you should be fine. Speak to a lawyer. I would not miss the CP interview. You have nothing to lose.
 
thanks guys for the answers
Just the update. I had telephone consult with one of the top limmigration lawyer(though Charged me 300 dollars for 25 minutes haha) about my case The suggestions,I think may be useful for the other physicians in the same situation.
She said as the law is,one has to join the sponsor right after getting the GC after entry to USA so in my case, as I will still have few more months to finish my fellowship, it will be a complicated scenario. Though I will have a letter of employment indicating that, I will be joining the sponsor after the fellowship, the rule of joining the sponsor right after getting GC remains and may creat a cause for the denial and other complications. She also said that even if the consular won't notice about the fellowship thing and grant me GC, still at the port of entry I am supposed to indicate that I am joining the sponsoring company and that also may creat a problem. So according to her, though GC is for the future employment, one is supposed to join right after the granting of GC and not after few months of getting the GC. she said safest course of action will be to apply for I-485 and thats what I am going to do at the moment .
 
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