Got my waiver now what?

[mako]

I finally got my waiver and am working on my new H1B
I came to the US on a J-1 (like most here) then was on an O-1.Was fortunate to find an old American friend who is in practice in an Underserved area. After the nerve wrecking experience of the letters,DOH,DOS and finally BCIS, now I am on an H1B!
So after the 3 years are gone and done, what would be my best bet to get a green card?
I have a good lawyer but before I ask him the question and get a new "plan"
I wanted to see what peoples experience have been and what people recommend.
EB-1? EB-2?
Thanks everyone for your input!
MAKO

 

[hadron]

> So after the 3 years are gone and done, what would be my best bet to
> get a green card?

Your best bet is not to wait 3 years but rather get the ball rolling now.

> EB-1? EB-2?

You have managed to get an O1, so you must have some research background and fulfill some of the other 'magic 10' criteria. Given that you had an O1 in the past, you could just re-write the O1 petition and submit it as an EB-1. All you have to loose is the filing fee for an I140 which is not too bad. What is the worst thing that could happen ? They reject it.

The other option is an EB-2 labor cert based application. Given that you work in a HPSA/MUA, it shouldn't be difficult to get a labor cert approved for your current job. You seem to work for a small group. This can represent a problem at two stages in the process. 1. The PERM labor cert process is rigged to favor large corporation. There is considerable paperwork involved on the side of te corporation. 2. At the I140 stage of the process, the goverment wants proof that the corporation is able to pay your salary. In the case of 'specialty cook chinese', that is pretty simple. For a physician, the practice has to show that they are able to pay 135k per year out of their profits. This is where small physician offices can run into a problem because they often don't show a profit on the balance sheet.

The third option is a 'national interest waiver for physicians in underserved areas' EB-2 I140. Given that you already have a J1 waiver, you would probably qualify for this category. You would need another letter from the state department of health stating that your practice is 'in the public interest' and you would need a 5 year employment contract. If you stick with your current job (or move to another HPSA/MUA job) for 2 years after finishing your waiver, you could obtain your GC that way.