Fellowship On EAD

D

dr1979

New Member
I am one among those who has filed for a I140/I485 concurrently
on july 17 ...if everything goes fine ..i was
wondering if i could join a felowship program 1 or 2
yrs down the road with my EAD. I am currently being
sponsored for my green card by a hospitalist
company.ur input would be greatly appreciated on it.
From what i Understood Ead could be used for a job
with similar description and of a similar wage. My
cureent salary for the Hospitalist job is at 165000$
witha prevailing wge of 70000$. However though
fellowship is a similar profession the wage goes down
significantly to 40000$. Have u heard of or in ur
practice seen primary applicant foe EB-@ based green
card use EAD for a fellowship.
 
Risky

I dont think that is an option, as AC 21 states you must be in a same or similar occupation. This means you can work as an internist or hospitalist anywhere in the country. If the USCIS figures you are making less than 1/4th of your current salary that could raise a red flag. Please check with an immgration lawyer as this is just my unbiased personal opinion and I contemplated doing the same, but decided against it. I did not even ask a lawyer though and just did what seemed prudent at the time.
 
J1 waiver physician currently completed 3 yrs waiver requirement on H1-b at MUA site and still employed at same site beyond committent period (year 4 on H-1B - Expr date 5/30/09). See Green Card details below. My spouse is also doing medical residency training on H-1B (Exp date 6/30/09). Both of us applied for Adjustment of status, EAD and Advanced Parole document.

I am planning to join fellowship training next year. I know that I can change jobs in 6 months after receipt of I-485 application provided I am in the same field of work. Fellowship training involves advanced work in a specific subsector of my field. My salary during my 3 years of fellowship training will be 4 times less than what was quoted in my labor certification and I-14 application. The hours I work will be essentially the same but I will do 4 times less call in the hospital. My questions are as follows:

1. Can I use EAD & portability to start fellowship training next July? Would my situation satisfy the requirement that my new job be in the same field as was specified in the labor certification application?

2. When it comes to EAD renewal:
(a) do I need my current employer to re-affirm their commitment to USCIS that they are still interested in sponsoring me for my Green Card even though my employer will be aware for my departure to another hospital?
(b) Can my new employer endorse my EAD renewal application without having any endorsement from my current employer?

3. In hind sight I am regretting that I applied for an EAD and AP for my wife as she already had a valid H-1B visa for the duration of her residency training. Now I am faced with annual renewals of her EAD or worse, should my I-485 face any problems (very unlikely), she would be without legal status. In worst case senario, ie I-485 rejected or abandoned by me to pursue fellowship training, would she have to re-apply for her H-1B visa to continue her training? Would her previously valid H-1B visa give her legal status despite nullification of my I-485.

I totally understand that the easy way out is to delay my fellowship plans for a year by which time I will probably have my Green Card but my compelling desire to do this training for improvement of my current life style.

I look forward to your comments.
Thank you
Rog
EB2 India
PD 11/4/2004
I-140 11/2004 (RIR) Approved
I-140 9/2005 (PERM) Approved (Same employer)
I-485/131/765 RD : 8/15/2007 (NSC) - Used I-140 with PD of 11/2004
 
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