H1B to GC ANYTIME during PGY1 --- PGY3

[nikhil2381]

For a second year resident of Internal Medicine Residency ( PGY2 )on H1B visa as on today 23 March 2007 whose H1B visa 6 years period expires 1 Aug 2008.

My qtn is -

Can he file for Labor Certification through PERM in PGY2 or have to wait till PGY3 starts ?


Wht are minimum requirements to file LC for resident physician?
I know Physician Licence is needed? But dont they get the Medical licence at start of their residency if on H1B ?

 

[hadron]

Wht are minimum requirements to file LC for resident physician?
I know Physician Licence is needed?

You have to fulfill the job requirements. If they file for 'physician general practice', all you need is the medical license (2 years residency in most states). If they file for 'physician internist', you need to have finished residency.

 

[nikhil2381]

You have to fulfill the job requirements. If they file for 'physician general practice', all you need is the medical license (2 years residency in most states). If they file for 'physician internist', you need to have finished residency.

thank for sir for ur reply,

is it possible to file under " physicin general practice " initially and later after PGY3 continue the same under "physician internist" or u have to start off with the later as a entirely new case ?

i am just trying to do this cos my 6 yrs H1B ends with 3 yrs of IM residency

My plans are to get someone to sponsor my GC and file a LC in PGY2 under " physician genral practice " and after 1 yr ask for H1B extension ..... if I get that I can change titel from " physician genral practice " to " physician internist "

thank u for ur advice

 

[hadron]

My plans are to get someone to sponsor my GC and file a LC in PGY2 under " physician genral practice " and after 1 yr ask for H1B extension ..... if I get that I can change titel from " physician genral practice " to " physician internist "

You can't exchange the job title. However, your employer could file a PERM and I140 under 'general practice', this would (if you are not from retrogression land), you could file an I485 and possibly get an H1b extension. Now, later on, your employer could file another set of PERM I140 with you as internist, but realistically I don't see why you would have to do this another time.

 

[nikhil2381]

You can't exchange the job title. However, your employer could file a PERM and I140 under 'general practice', this would (if you are not from retrogression land), you could file an I485 and possibly get an H1b extension. Now, later on, your employer could file another set of PERM I140 with you as internist, but realistically I don't see why you would have to do this another time.

well,

isnt there a salary difference between these titles " physician general practice " and " physician internist"

only reason to change titles is for salary benifits



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Part 2

which states is it more likely to get ur LC processed under " physician general practice " title?
I know that the employer has to advertise couple of months before filinf ur LC. how much is that? And if during ur LC process they find anyone who meets the criteria for this job who is a US citizen chances of LC declined is high.
Who can be a potential employer for filing " physician general practice " LC? can it be a small grup of doctors or it has to be a big big hospital?

 

[hadron]

Oh, they can pay you above what was on the labor cert, just not below.

The reason to file for 'internist' is that it is easier to rig the advertising in a way that nobody applies. But once you have that approve I140, that threshold has been met.