Employer refusing filing for LC based GC

[kpatelmd]

Hi Friends:

I am currently workng in Texas HPSA - on H1b (former J1 holder). Currently 2nd year in H1b. Filed for NIW based GC (for physicians) last month.
My employer is refusing to help with LC based GC. My current contract is for 5 years. I want to get GC earlier and don;t want to wait for 5 yrs for NIW GC. My question is...

-- Can I file for Labor Certification / GC using some other employer based on future job offer / employment. If so what would be the basic process for it.

Any help is appriciated.

 

[hadron]

> Can I file for Labor Certification / GC using some other employer based
> on future job offer / employment. If so what would be the basic
> process for it.

Yes, no problem, at least on the legal side. You can have a different employer file an LC and then I140 for you. If the new PERM LC comes through, that will be faster than NIW even in TX. As for the basic process:

-- FIND OTHER EMPLOYER
-- have them advertise the position in a national journal that nobody in your specialty reads (e.g. JAMA for an orthopedic surgeon)
-- file 'reduction in recruitment' labor cert (or PERM labor cert if that ever comes through)
-- once LC is approved, have new employer file I140

Then you have some choices:
-- Once the I140 from your new employer is approved, you can get your GC through consular processing after your 3 years in the HPSA are fulfilled .
-- or you can apply for AOS based on either your NIW or the new employer and start working for them on day 1 after your 3 years are done using either H1b or EAD .
-- or you can work for new employer on H1b transfer after the 3 years are up and go through consular processing for your GC.

The only problem is that your current employer might make your life difficult once they know that you will jump ship once 3 years are over.

If you look for another employer to file LC and i140, be sure that the practice is large enough and has enough assets to pass the 'ability to pay' test. With many physicians practices beeing professional corporations, this can throw a wrench in the process at the least expected time. If you work for them at the time of LC filing (e.g. on H1b or NIW based EAD), be sure to receive the 'prevailing wage' stated on the LC (usually between 120-140k for specialty physicians).

Take a look at large clinic organizations in the upper midwest. Some of them are very willing to help you out with a GC if you commit to cover one of their smaller clinics for a couple of years.

(not legal advice. My fortune is medicine, not the law.)

 

[kpatelmd]

Thank u very much for you detailed help. I will start looking for some large clinics which are willing to help me with GC.

Thanks once again.

 

[hadron]

Oh, and did you know that there is a new federal law requiring every hospital to have a Dr Patel on staff ? (It used to be Cohen, but that has changed) ))

Good luck in your search. The hint with the bigger clinics was not meant to be exclusive. Many physicians have gotten their GC's through small practices, but there are certain things in the application process which have to be kept in mind. (With a company >100 people things are a lot easier than in a 2 doc rural office run as a 'PC' that doesn't generate a surplus bc both partners get all their winnings as salary/expense reimbursements.)