help with my situation

M

m&f

Registered Users (C)
Hi there, I am an IMG applying for 2005 match. I applied just to some hospitals that offer H1 visa in NYC but now I cant take the H1 because I married an USC and we just sent the i-485 and the EAD petition...
I dont know how long does it take for me to get the EAD in NYC maybe six months... and until then I am gonna miss all the opportunities for residency this year...
Is it better if I leave the country before my I94 expires (in a week) and come back so I can request H1visa if I match?
I am going to explain my situation to the hospitals if they want me but does saying that I am waiting for an EAD gives me better chances than asking for H1 visa?
Anyone with similar experience???
thanx
 
You might want to wait with starting your residency until you have an EAD. The types of hospitals that sponsor H1bs are typically less desirable, with an EAD you are not limited in that regard.
 
visa status

Hi there... I just applied to the residency match to some hospitals... I have not gotten any good answers only rejections... i submitted the applications as visitor visa status soliciting H1. Now, my I94 expired two weeks ago and I got a letter from USCIS saying that I need to be fingerprinted for EAD.
Should I change the information in the application form saying that I have EAD? I think that would give me more chances... but the truth is that I am waiting for my EAD...
What is my status now? Am I a conditional resident or am I still a visitor???
Thanks a lot
 
Did you actually mention anything about a visitors visa on your application ??

Your current status for the purpose of a job application is: 'Adjustment of status pending' , don't put anything resembling 'visitors' there !!

Don't try to infer the timing of your EAD from the biometrics appointment. How long ago did you file for the EAD ? You might be able to get an interim EAD at the local office, 91-104 days after your EAD filing.

You won't need an H1b, by the time residencies start you will have an EAD.

Even though, currently you do have a legal status, once you have advance parole, you should be able to leave the country and return on an H1b.

How long after you entered the country on a visitors visa did you get married ?

Change your status in the ERAS thing and send emails to the program directors that your status is now 'Adjustment of Status'.
 
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hi hadron

Thanks for your reply... We married four months after I came to US and my I-94 expired on Oct 25. We submitted applications on Oct 12 and got the notification from USCIS to schedule fingerprinting in Oct 25. My appointment is in Nov 26 for biometrics.
In ERAS, there is no adjustment of status pending option, just conditional residency on EAD, so, that is what I need to choose??? I submitted the applications before marrying so I put there that I am a foreing national on visitor visa soliciting H1 visa...
Now, how long does it take to get EAD after the fingerprinting is done?
Is it correct then if I change my credentials to conditional resident on EAD???
We didnt ask for the advanced parole because of money matters, but is it really necessary to have one? I think now I can't go out and come back on H1 because I am too late for that and I need to be here in the US, in case I got interviews from the hospitals I applied to...
Complicated uh??? or maybe I make things complicated...
Thanx for your time again
 
visas

I went to ERAS page again and the possible options are:

Citizenship: USC, foreign national, permanent resident, conditional permanent resident and refugee...

and about visas: visitor, F, H, J, other, diplomatic, first preference, immigrant and EAD...

What options should I choose then? What is my category? Please?
 
> My appointment is in Nov 26 for biometrics.

Unfortunately, the biometrics appointment is generated automatically and doesn't necessarily indicate that your EAD application has actually been looked at.
Did you receive a receipt number starting with 'MSC' ? If you look around here, and on the CIS website you will see that the processing times for family based EAD's at MSC are in the 6 month range. However, once 90 days have passed and you haven't received an EAD, you can go to your local office, receipt notices and a filled out EAD application in hand and apply for an interim EAD. They should be able to issue one on the spot.

> Now, how long does it take to get EAD after the fingerprinting is done?

There is no fixed timeframe, it can be anywhere from 3 days to 6 months.

> Is it correct then if I change my credentials to conditional resident on EAD???

No, because you are not a conditional resident yet. But you said that there is a category of 'immigrant' there. Alternatively you can enter 'other' and put 'Adjustment of Status' in the comments field.

> We didnt ask for the advanced parole because of money matters,

How much is it ? Must be less than $200. File it ! It is not too late, just fill out the forms, attach a check and a copy of your I485 receipt notice.

> I think now I can't go out and come back on H1 because

But you don't have a H1 yet, do you ? You won't be able to re-enter on B1/B2 because you are an immigrant now. An H1b might take months to get (unless you fork over $1000 for premium processing). Also, the issue whether not for profit hospitals can get cap exemptions is not that clear.

Be sure to contact all the programs by email or fax to inform them that you are not a visitor yet and that you will be doing your residency on AOS/EAD. (If I had to review residency applications and I saw 'visitor' on there it would probably not find consideration.)
 
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