EB2 for a future job_ is PERm possible

[madjad]

Hello,
I have a question for all the experts/ gurus.Please advise

I had filed for my labor certification (PD-Dec 2004, EB-2 Special handling, MI). I have yet to see my labor approved. Additionally, I come from India so I have retrogression to deal with.

My husband is due to finish his residency but his H1 visa expires 3 months before his completion of residency. (we were hopeful that my LC would come through and that Icould apply for his EAD but that is not to be- given the time frame). He has a job offer. Can he apply for PERM fron his job offer. We have sought the opinion from two lawyers and one says "Yes" and the other "NO". The lawyer who says "no" says that as my husband has yet not completed residency he is not eligible for a future job! Any opinion? I am not sure which lawyer to go through- obviously both are very expensive.

Please advise

 

[m_img]

Here is what hadron wrote in response to one of the previous post. This sums up nicely. I'm copying from that note.

"The employer can only file a labor certification or an I140 for you if you fulfill the criteria for the job.

So
- if they want to sponsor you during residency, they have to sponsor you as 'physician general practice' with job requirement 'state medical license'.

- if they want to sponsor you after residency during fellowship, they have to sponsor you as 'physician internist' with job requirement 'state medical license and board eligibility in internal medicine'.

- if they sponsor you after fellowship, they can sponsor you as 'physician specialist cardiology' with job requirement 'board certified in internal medicine, state medical license and 2 years of cardiology specialty training'.

While going up this ladder, it is getting easier and easier to get a labor cert approved. For option 1, there is allways some licensed physician who can't find employment because he has a terrible malpractice record who could potentially apply for your job during PERM. Once you are a specialist, there is typically nobody to apply for your job."