fellowship w/1-485 pending

T

tanstheman

Registered Users (C)
Hi All,
1st of all, I want to thank all the good folks on this forum who share a wealth of information as well as personal experiences.
I am currently working as a hospitalist physician on h1b. PD for greencard processing is Oct 2003, 1-140(based on Labor cert) approved March 2005, I-485 filed March 2005(EB-2). Have current EAD as well.

I have an opportunity to join pulm-critical care fellowship this year out of match. Unfortunately I-485 is retrogressed, and hasnt moved forward at all in last 2 months and is not expected to move forward atleast till the october bulletin. And even then, if dates get current one never knows when it will get approved.

So, can/should I go ahead with this opportunity?

1. If i decide to go ahead with fellowship, can I join on EAD, or should I ask them to file an h1b. (my 6 years of h1b expire this yr, so that may be a problem)
2.Will it jeopardise my I-485 petition?
3.Can i still defend my position saying that critical care fellowship is adding to my skills as a hospitalist, and I still intend to go back to my current employer working as a hospitalist physician?
4. Do I use AC-21? (my job title will change, job description will change, and the salary WILL DEFINITELY drop precipitously).

I know some of these issues have been discussed before, and I apologise if regulars here find this repetitive. Thanks to all in advance.

Tans
 
76 views and no replies? Please advice

Hi guys, Please advice and discuss the points I wrote before. Experts on this forum, please share your thoughts......
Thanks
 
> 1. If i decide to go ahead with fellowship, can I join on EAD, or
> should I ask them to file an h1b. (my 6 years of h1b expire this yr,
> so that may be a problem)

With the pending I485 you should be eligibile for 7th year extensions. However, I don't know whether you can get an H1b for someone different from your sponsoring employer. Key advantage of having the H1b would be that in case something untoward happened to your I485 you would not fall out of status.

> 2.Will it jeopardise my I-485 petition?

It could if you don't do this right. You will have to treat your I485 one of two ways:
- as if you are waiting to rejoing your employer once it gets approved (i.o.w. your employer has to be willing to give you an 'employment verification letter' in case USCIS sends you a 'reques for additional evidence'. The EVL states that the conditions for your employment still exist and that they are still willing to employ you.)

- use AC21. That would be contending that you switch to a similar job in the same industry and that the 'net effect' on the labor market is the same.

> 3.Can i still defend my position saying that critical care fellowship is
> adding to my skills as a hospitalist, and I still intend to go back to
> my current employer working as a hospitalist physician?

Yes. But the key is that the employer is willing to play along by giving you an EVL in case the goverment asks. EB immigration is employer driven, if they are willing to go along, you would be fine.

> 4. Do I use AC-21? (my job title will change, job description will
> change, and the salary WILL DEFINITELY drop precipitously).

I never managed to find out whether switching from an attending position to a fellowship is considered a switch that is eligible for AC21. I would be careful.

Usually I tell people to stick it out until the greencard, but given the retrogression predicament this is certainly a difficult situation for you. otoh, that fellowship director seems to be interested in you. Do you think this opportunity would be available to you a year from now ? Just last week I met a neonatologist who practiced as a primary care pediatrician in rural montana and north dakota for 8 years before he decided to go back for a fellowship. Given the opportunity cost of doing a fellowship, it probably doesn't make a financial/career difference whether you go this year or next. How well does that hospitalist job work out for you? They can be hit or miss. Some people love it, others just get dumped on with their hands tied because the primaries determine the course of treatment.
 
Last edited by a moderator:
Don't know. With a physicians NIW he still has to do the 5 years of primary care, don't think he is quite there yet.

With a 'I am so great you just have to let me in NIW' (or more commonly NYS-DOT NIW), he wouldn't be tied to an employer. It is more like the 'extraordinary ability' thing.

But he sounds more like the usual 'squirrel collecting nuts' physician who just wants to practice and doesn't want to be forced to pump out idle papers.
 
AC21. requires min 180 days after filingl 485

I don't think he can use AC21 to change job. it requires that 180 days have elaspsed since filing of 485. otherwise you will have to start all over again with your LC and 140. the only good thing is if your previous employer doesn't revoke your 140 you can keep your PD.

hadron said:
> 1. If i decide to go ahead with fellowship, can I join on EAD, or
> should I ask them to file an h1b. (my 6 years of h1b expire this yr,
> so that may be a problem)

With the pending I485 you should be eligibile for 7th year extensions. However, I don't know whether you can get an H1b for someone different from your sponsoring employer. Key advantage of having the H1b would be that in case something untoward happened to your I485 you would not fall out of status.

> 2.Will it jeopardise my I-485 petition?

It could if you don't do this right. You will have to treat your I485 one of two ways:
- as if you are waiting to rejoing your employer once it gets approved (i.o.w. your employer has to be willing to give you an 'employment verification letter' in case USCIS sends you a 'reques for additional evidence'. The EVL states that the conditions for your employment still exist and that they are still willing to employ you.)

- use AC21. That would be contending that you switch to a similar job in the same industry and that the 'net effect' on the labor market is the same.

> 3.Can i still defend my position saying that critical care fellowship is
> adding to my skills as a hospitalist, and I still intend to go back to
> my current employer working as a hospitalist physician?

Yes. But the key is that the employer is willing to play along by giving you an EVL in case the goverment asks. EB immigration is employer driven, if they are willing to go along, you would be fine.

> 4. Do I use AC-21? (my job title will change, job description will
> change, and the salary WILL DEFINITELY drop precipitously).

I never managed to find out whether switching from an attending position to a fellowship is considered a switch that is eligible for AC21. I would be careful.

Usually I tell people to stick it out until the greencard, but given the retrogression predicament this is certainly a difficult situation for you. otoh, that fellowship director seems to be interested in you. Do you think this opportunity would be available to you a year from now ? Just last week I met a neonatologist who practiced as a primary care pediatrician in rural montana and north dakota for 8 years before he decided to go back for a fellowship. Given the opportunity cost of doing a fellowship, it probably doesn't make a financial/career difference whether you go this year or next. How well does that hospitalist job work out for you? They can be hit or miss. Some people love it, others just get dumped on with their hands tied because the primaries determine the course of treatment.
Click to expand...
 
sorry i mis-read

sorry i mis-read, i didn't realize that he already had his 485 filed. never mind.

liaoguoxf said:
I don't think he can use AC21 to change job. it requires that 180 days have elaspsed since filing of 485. otherwise you will have to start all over again with your LC and 140. the only good thing is if your previous employer doesn't revoke your 140 you can keep your PD.
Click to expand...
 
tanstheman said:
Hi All,
PD for greencard processing is Oct 2003, 1-140(based on Labor cert) approved March 2005, I-485 filed March 2005(EB-2).

Tans
Click to expand...

Looking back at March 2005 situation... You could have opted for consular processing and might have got GC before retrogression hit hard on us.

As our Orthopedic HOU (Head of Unit) used to say: Retrospectively everybody is wise.
 
Re ; Interfiling ??

gondalguru said:
Looking back at March 2005 situation... You could have opted for consular processing and might have got GC before retrogression hit hard on us.

As our Orthopedic HOU (Head of Unit) used to say: Retrospectively everybody is wise.
Click to expand...

[COLOR=Blue[I]]Hi there Gondalguru,
I noticed you have a situation similar to mine, though my dates are
#1
I-140(EB-2 NIW self petition) RD 03/06, approve 04/06
I-485 RD 03/06 pending
#2
Labor PERM approved 05/06
I-140(EB-2) Applied 08/06 pending
You think you can keep me posted & how you will proceed??[/COLOR][/I]
#1
I-140 (EB-2 NIW self petition) RD 9/04, approved 6/05
I-485 RD 11/2004

#2
Labor - PERM approved 4/06
I-140 (EB-2) Applied 5/06.. waiting for approval
Reply With Quote
 
Fellowship on AC21

What is going on with you? Did you join the fellowship? I would need your advice on this; I'm in a very similar situation.

EB2 - LC
I-140 Approved
I-485 Pending since Jan 22, RFE on W-2's and IRS filling last 4 years replied on 5/08/2007

Fellowship offered 3 days ago to start on July 1, 2007. My current employer is very helpful, willing to sign EVL and assured me that I-140 will be untouched.

I am currently working as Faculty (IM Department) in a University

Dear you all, your help will be highly appreciated
 
Physicians and residents get together

Physicians and residents,

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Thanking immigrationportal.com in advance for being able to communicate this message.
 
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