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good news NIW physicinas ... Lawsuit won
- Thread starter J1victim
- Start date
Truly stunning verdict. Many points in our favour. Appears only the argument reqiring specialist to be covered was denied.
Did I read it correct that even the requirement to complete the stipulated 5 yr period within a 6 yr period was thrown out?
I wonder whether this is binding and final.
Did I read it correct that even the requirement to complete the stipulated 5 yr period within a 6 yr period was thrown out?
I wonder whether this is binding and final.
Grrreaatt!!!
The only reason why they didn't decide on the specialist issue is because all the specialists had either obtained permanent resident status (some of the 6 plaintiffs dropped between the district court suit and the appeal) and Kasturi who let his NIW lapse. So the court, although they certainly would have loved to rule on this had no jurisdiction left to decide the issue. Bummer.
If you want to entertain yourself, go to the Shusterman website and listen to the oral arguments in front of the appeals court. He was brilliant. At the point where the judge started to make fun of the goverment lawyer, I felt that we had a good shot at winning.
It is my understanding that unless the goverment appeals this to the supreme court, this will become binding for USCIS after a certain date.
In the ideal case, someone who did a residency+fellowship on H1b could be able to file an I140 during residency if his hospital is in a HPSA/MUA. Might be difficult to get support from the respective state health department in such a case, but some of them are really benign.
The only reason why they didn't decide on the specialist issue is because all the specialists had either obtained permanent resident status (some of the 6 plaintiffs dropped between the district court suit and the appeal) and Kasturi who let his NIW lapse. So the court, although they certainly would have loved to rule on this had no jurisdiction left to decide the issue. Bummer.
If you want to entertain yourself, go to the Shusterman website and listen to the oral arguments in front of the appeals court. He was brilliant. At the point where the judge started to make fun of the goverment lawyer, I felt that we had a good shot at winning.
It is my understanding that unless the goverment appeals this to the supreme court, this will become binding for USCIS after a certain date.
In the ideal case, someone who did a residency+fellowship on H1b could be able to file an I140 during residency if his hospital is in a HPSA/MUA. Might be difficult to get support from the respective state health department in such a case, but some of them are really benign.
Last edited by a moderator:
santasingh
Registered Users (C)
I am new to this forum, and I have found it to be the most informative among all.Thanks to people like hadron.
I have completed a residency and then chief residency from a MUA on a J1 and currently I am working for the same hospital at a diffrent location for 3 yr waiver. I have almost finished 1 yr of waiver now.
So in effect I have already worked for a total of 5 yrs in a MUA for the same employer.
Can anybody shed some light on how this current ruling will effect my case.
My lawyer is ready to file for my PERM this month.
regards
I have completed a residency and then chief residency from a MUA on a J1 and currently I am working for the same hospital at a diffrent location for 3 yr waiver. I have almost finished 1 yr of waiver now.
So in effect I have already worked for a total of 5 yrs in a MUA for the same employer.
Can anybody shed some light on how this current ruling will effect my case.
My lawyer is ready to file for my PERM this month.
regards
Time in J1 status doesn't count towards the service requirement.
After reading the appeals court decision it sounded to me like someone who did his residency on H1b could potentially file based on his work during residency. The problem would be to get the letter of support from the state health department that certifies that your practice is in the public interest.
I would consider filing a NIW for your current location. LCs and I140s filed by large employers with the expertise of a good attorney tend to go through, but you never know what snags you can run into down the line.
The NIW you can self-petition. You have your current contract for the balance of the 3 years (I assume) and you can draw up a practice plan for the same community to cover the time afterwards. If the NIW goes through and things don't work so great with your hospital employer, you can join a private group in this or any other MUA/HPSA based on your NIW. The filing fees for an I140 are something like $225, go through the 'NIW-DIY' thread in this forum on how to fill out the forms.
After reading the appeals court decision it sounded to me like someone who did his residency on H1b could potentially file based on his work during residency. The problem would be to get the letter of support from the state health department that certifies that your practice is in the public interest.
I would consider filing a NIW for your current location. LCs and I140s filed by large employers with the expertise of a good attorney tend to go through, but you never know what snags you can run into down the line.
The NIW you can self-petition. You have your current contract for the balance of the 3 years (I assume) and you can draw up a practice plan for the same community to cover the time afterwards. If the NIW goes through and things don't work so great with your hospital employer, you can join a private group in this or any other MUA/HPSA based on your NIW. The filing fees for an I140 are something like $225, go through the 'NIW-DIY' thread in this forum on how to fill out the forms.