Hadron...others..pls Reply

P

proud2bdindian

Registered Users (C)
HI ,
i'M A J1 VISA HOLDER AND WILL BE APPLYING FOR A WAIVER NEXT YEAR....i AM IN 2ND YEAR OF MY RESIDENCY NOW!! mY PROBLEM IS THAT I HAVE USED UP 4 YEARS OF MY 6 YEAR H QUOTA BEFORE I GOT INTO THIS RESIDENCY. ALSO MY WIFE HAS A GREEN CARD THRU HER EMPLOYER. PLEASE ADVISE ON WHAT OPTIONS I MIGHT HAVE. CAN I ADJUST STATUS TO FOLLOW ONCE I START MY WAIVER JOB??
HOW DO I EXTEND MY WAIVER JOB ON THE H1 AS I HAVE ONLY 2 YEARS LEFT FROM MY QUOTA...??
PLEASE ADVISE .THX IN ADVANCE :confused:
 
- switch off the caps. No reason for yelling.

- get a labor certification pending. You can use that to get a 7th year extension. (You HAVE to be in H1b status for the waiver job.)

- Your wife should have citizenship some time during your waiver job. She should be able to sponsor you for a GC without any waiting period once your waiver job is over.
 
Thx for the prompt reply......But how do I finish the waiver job if I have only 2 yrs. remaining in h status.?? Also pls elaborate on how I can extend my h visa if I can't file for adjustment of status before finishing the 3 yrs on my waiver job....Thank you for your patience and assistance!!
 
Also as an afterthought with PERM coming into the pictiure can I still file for extension of 7th yr H1 if they adjudicate ......Also my wife just got her green card this year.don't think she'll be a citizen in another 2 yrs....So, i won;t be able to do that .will I?? :confused:
 
As you know, you can get a H1b 7th year extension if you have a valid immigration case pending for >1 year. I think an I140+lc pending for over a year will do. Also, people have filed their I485 before waiver job is over, just don't use EAD (so you maintain H1b status). Not sure, about this area, research that further. you should find info in the I140 and H1b forum.

Your wife will be a citizen about 5 years and 9 months after her GC. You would need her to be a citizen at the point where your waiver job is over. You have another year of residency +3 years on waiver. It could get tight. Consider 1 year of geriatrics fellowship to max out your J1 a bit more. Your wife is a good possibility for you to get GC. Also, if your wife sponsors you you can become citizen after 3 years.

If you are in primary care and practice in a underserved area you can file a NIW petition. This would allow you to get employment authorization to continue working after your waiver job is over. This should carry you long enough to wait for your wifes citizenship.

Get out of panic mode. Research your options. Talk to a GOOD attorney, pay his hourly rate for an in-depth discussion of your options ( don't talk to the usual H1b or family immigration yahoo that couldn't survive in a courtroom or corporate legal department for an hour.) There are companies specializing in physician immigration matters. They have experience with complex cases like yours.
Then, make a rational decision.
 
Last edited by a moderator:
Thank you Hadron........You are a great source of help and support on this forum!! God bless you!! I am considering Murthylaw in Md .Please lemme know if you have any input on that or any others......asI agree in that not all immmigration lawyers are equally proficient in what they do!!
 
There are three kinds of immigration attorneys:

1. ) The imbeciles. They have realized that immigration law is the only area of law they can survive in. All they do is family based cases and H1b's, and they are bad at that. Their victims (oh, I am sorry, clients) are foreigners they can get away with their crimes with impunity.

2. ) The bigmouth 'prominent' types. Everyone knows their name, they have expensive websites and give brilliant testimony in congressional hearings. The principals name draws the clients, but once you retain them you get handed off to some fresh lawschool graduate 'associate' who often knows less about immigration law than you. If you call, you end up talking to a paralegal and your attorney is not available, nevertheless, on your bill you will see that as 'phone consultation' (comes right after 'email consultation'-->$32) In the end things work out bc the 'workerbee' associates are supervised by the big-wigs and before any significant paperwork goes out the experience folks will sign off on it.

3. ) The 'pearls'. Small companies specialized on one area of immigration law. E.g. extraordinary ability petitions for university professors. They come at a premium, don't advertise and work on 'word of mouth' advertising. But in the end you will get a work of art.


Haven't heard anything about murthy as it relates to actual casework. I now she is very vocal on a national level.
A colleague of mine got her EA through Robert Lubin. She was lucky enough that the big man handled the case himself. I am somewhat weary since these days they are hooked up to one of these illegal outfits 'selling' J1 waivers.
Ingber&Aronson in Minneapolis is good. Expensive and inacessible, but solid work from what I have seen.
 
You must log in or register to reply here.
Top