Hi hadron or any one , Need help to take the decision

N

nshanthappa

Registered Users (C)
Hi,

I am doing my 3rd year residency in IM on H1B visa; my visa is going to terminate by end of May due to 6 years term.
I thought of going for green card under NIW EB2, now because of the retrogression I would not be able to get my EAD to complete my residency.

I hired attorney for this, now attorney is asking me to find the job in HPSA/MUA area, so that we can file your I140 and will go for H1 extension.

Is it possible to get I140 approval for NIW within 6 months and which state is faster?

Now my hospital is holding my H1, is possible to transfer my H1 to new employer, if I140 approved within 6 months?

My husband labor is pending and he is getting extension for 7 year, can I get 7th year extension on my H1 based on my husband pending labor.

Can I switch my visa status to J1?

How easy to find the J1 waiver jobs after completing the residency, if I get J1?

How to find the HPSA/MUA positions? And what is the process.

Thanks.
 
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> I thought of going for green card under NIW EB2, now because
> of the retrogression I would not be able to get my EAD to
> complete my residency.

Well, the NIW docs should still get EADs despite retrogression. You are not requiring a visa number until the end of the 5 year period anyway. But I don't know how this is dealt with.

> I hired attorney for this, now attorney is asking me to find the
> job in HPSA/MUA area, so that we can file your I140 and will go
> for H1 extension.

I believe the I140 has to be pending for 1 year to file for H1b extension. (unless they changed that in view of retrogression).

> Is it possible to get I140 approval for NIW within 6 months and
> which state is faster?

It is odd. Some physicians NIW get approved in 30 days, other take the customary 9months to 1.5 years. They definitely don't adhere to the typical processing times posted by the service centers.


> Now my hospital is holding my H1, is possible to transfer my H1
> to new employer, if I140 approved within 6 months?

I believe you can get an H1b extension for any employer, it doesn't have to be the one offering the job in the I140..

> My husband labor is pending and he is getting extension for 7
> year, can I get 7th year extension on my H1 based on my husband
> pending labor.

I don't believe so.

> Can I switch my visa status to J1?

STOP DROP THAT PEN, STEP AWAY FROM THE TABLE.

You do not want to change to J1. You are almost there, a J1 just to finish 2 months of your training a J1 would be a grave mistake. Become pregnant, take the last two months as a leave of absence, use all your vacation. But don't get a J1.

> How easy to find the J1 waiver jobs after completing the residency,
> if I get J1?

In IM it is traditionally harder than lets say in anesthesiology or family practice. It is a bit more difficult than finding just a HPSA/MUA position because there are numerical limits. For the NIW, any HPSA/MUA job will do, for a J1 waiver it also needs to be in a state where you have a chance for a waiver (the most densely populated states such as NY or CA have plenty of MUA/HPSA positions but only 30 waiver positions. as a result these might be good places to look for a NIW position)


> How to find the HPSA/MUA positions? And what is the process.

I have posted on how to check whether a site is HPSA or MUA in a thread at the top of the page in the 'how to get a J1 waiver' section.
 
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Thanks Hardon

Thanks for your valuable suggestion.

I got most of the points which you answered except the following,
can you please clarify me.

* Well, the NIW docs should still get EADs despite retrogression. You are not requiring a visa number until the end of the 5 year period anyway. But I don't know how this is dealt with.


Thanks,
 
Well, I really don't know this one.

If you apply for an NIW, your I485 is put in the icebox and not touched for 5 years until you proove that you served out your sentence. People who do their J1 waiver are typically on a H1b visa for the first three years and sometimes on an EAD for the rest of the time. People who where on H1 for residency, can work on EAD all the way through. Now, I don't know whether the NIW cases will still be able to file I485 and EAD despite retrogression. I think I saw something on the AILA site, but I am not sure. Check out the website of shusterman and Siskind or any other physician immigration practice.
 
Hardon correct me if I am wrong, physician NIW is EB-2 for MUA/HPSA, and EAD/AP benifits are only with I-485. By filling a 485 a visa # is assigned( Alien #). Only difference is 485 is not adjudicated till 5 years service requirement is finished. and is sunjected to retrogression if Pirority date if not current, In this case the pirority date ia date 140 is receved at service center.
For above case best option that i would pick would be a request to Program Director of current scenerio and making a exception of 2 months.
 
> physician NIW is EB-2 for MUA/HPSA, and EAD/AP benifits are
> only with I-485.

Unless they change the law, getting an EAD is contingent on filing an I485.

> By filling a 485 a visa # is assigned( Alien #).

The Alien# is just a number the goverment assigns to identify you. It is NOT your visa#. The visa# is where the quotas kick in. At some point in the process it gets assigned, to my knowledge during the adjustment of status interview, during the consular interview or at the time someone approves the I485. This is when the rubber meets the road and a number has to be available.


> Only difference is 485 is not adjudicated till 5 years service
> requirement is finished. and is sunjected to retrogression if
> Pirority date if not current,

And this is the part I don't know.

> For above case best option that i would pick would be a
> request to Program Director of current scenerio and making
> a exception of 2 months.

If you can get board eligible even if you take the last two months off, I would seriously consider this (rather than taking a J1). Look at your boards requirments. I know in my specialty you can actually have a couple of months of sick leave+maternity leave and still be board eligible.
 
Stay away from J-1

I agree , stay away from J-1.

Most programs allow a max of 3 months off during the entire training (to consider you to be board eligible). Check this your program director.

MDGUTS
 
Thanks for all of you for giving me the valuable information

Hi All,

Thanks for all of you for giving me the valuable information.

When is the best time to contact program direcor to get exception ?

I mean, now or you before one or two months of my visa expiration ?


Thanks,
 
NOW, so you get peace of mind and he gets time to make arrangements for your coverage. Dont wait for the last moment
 
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