Help I got Laid off

kiddoc

Registered Users (C)
I am a I-485 in process at TSC and my RD is 01/24/01. I am a physician in NIW and has worked in the place for 6 years. I got laid off recently and was told by my attorney that I need to get a job in an underserved area for TSC to approve my application for green card. Can you guys give me some ideas as to what I should do next. BTW my online message never changed and still save it is taking between 990 to 999 days to process your application and I have been FP twice
 
Looks like you are a pediatrician.
Sorry to hear that you have got laid off but you would have to find
a new job which has similar job profile as what you were doing before.
As per in how much time, there is no definite answer as of now.
But to be on safeside, earlier the better.

It has been 2.5 yrs since you filed for 485 so you are way past 180 days and you can take a new job under AC21 provision.

Hopefully someone here from Medical profession and NIW replies to your message.
 
Ya I am a pediatrician and I was wondering do I have to go to underserved area or can I get it any where. Aslo since I feel I may be approved in a month or two can i just stay at home and hope it gets approved once MY gc is approved start a new job and can i argue that I am in process of looking for a job since it takes time for me to get lincesing and hospital privilages in a diffrent state.
 
I am not in the medical profession nor am I an attorney. Use this information as is.

If I were you, I would be trying every way possible to get a similar JOB ASAP. If you are very lucky then BCIS may not say anything and everything will go smooth, but these days I don't think you should count on that. Having a job is lot safer than going to stamp your passport without one and then they deny you and you try to go through the appeal and the hassels.

My 2 cents.
 
kiddoc,

Were u working in such an area where there was a great shortage of doctors like you?

I don't think sitting at home and not having a job would help you any. Probably even if you get the GC you may have hard time getting citizenship. Also, BCIS may issue an RFE too, even before approving your GC.

I would think getting a similar job as much as possible would be a better idea than moving to any special area or being unemployed.

Don't panic, keeping looking for a job and good luck!

-------------

I am not a lawyer. This is just my opinion
 
Kiddoc
I am Kidsdoc also pediatrician as long as u have finished 3/5 years in MUA as far as GC is concerned u should be fine as law clearly states one has to finish 3/5 years in MUA u infact can go to anypractice u wants if it is more than 6 months after u have finished the commitment
where r u located?
send me a personal email to discuss
hope this helps
I am not a lawyer but thats what i have gathered reading the NIW law in details
 
once you are done with 5/3 y your NIW committment is over, you can get another job with your EAD. you are not committed to anymore time as there is no labor or sponsor for your GC. why do you need to hang around for 6 mo beyond your GC.Just get a letter stating you worked for 5 y in underserved area for future reference, getting laid off before 5/3 y you would need a similar job.
you would have submitted evidence that you have fulfilled your committment when you applied for I-485.
strange that your adjudication has taken this long, I was in the same situation till last yr. You should have harassed the TSC . That no good lawyer should have done that.
 
I agree i guess I am being an idiot. I though since I am a physician my job is kinda secure so i never bothered to contact TSC about the abnormal delay in processing my case. My J-1 waiver was for 3 years I started working in oct 1997 and finished 3 years on oct 2000. My I-140 was approved some time in Jan 1998. I waited until Jan 2001 to even start GC processsing. My receipt date for I-485 is Jan 24th 2001. I then did not bother about checking with my lawyer since I liked my job and was sure to stay back there even if my GC was approved. any how i guess this is all monday morning quarterbacking. My dumb lawyer still insists that I have to get a Job in an underserved area. I dunno if I should do that since I have worked for 6 years almost twice more than required.
 
What you need is an Better attorney.

Hello:

You used NIW, so there is no Labour Certification involved. Unless Labour Certification indicates an geographical area where "the alien will work", you can use AC-21 provision to find a similar job where ever you want.

Take my word for the following.

- America is a Immigrant Country. If you want to immigrate you will. It is just a matter of time.

-Since your case is NIW, there should not be any geographical limitations (usually, in an Employement method Labour certification says where the alien will work, what he will do on Form 750 ET). You are good to work where ever you want as you are not tied to any Labour certification.

Hope this helps.
American Desi.
 
Thanks a lot guys for all the help and support. I am looking for a job in right earnest any way I am pretty well qualified and can do well if i have to go back also and my kids can come back to usa and not worry about bcis if it comes to that. Hey kidsdoc it sure is a tiny world buddy. It was such a pleasure to talk to you after so many years. cant beleive we did residency together any how I will talk to you if I need any more feed back.
 
HI kiddoc
Donot worry u sure will get a decent job worst come to worst u can start ur own practise sure it is a small world was really nice to talk to u after so many years keep in touch docall if u have any questions
Keep me posted all the best
 
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