I'm in H4, Greencard failed, can I go on J1?

B

biba_rfe

Registered Users (C)
Real SOAP opera :(.

My husband is on H1 (I'm on H4). The GreenCard was denied based on ability to pay of the employer.

Now I got a residency position on J1 but reading the I-539 form I realized I have shown immigrant intent by filing the I-485 (as beneficiary on my husband's application).

What can I do now? should I try the I-539 to change the status?

PS: I'm in the US on H4 and I do have Canadian green card (no citizenship yet). Can I tell INS since I'm a Canadian resident I have no intention settling in the US?

Thanks for fast replies...
Biba
 
Once you have filed for green card you have shown immigration intent. It will be very difficult ot convince immigration that you have no immigration intent. Saying you have Canadian green card is not going ot help because you showed immigration intent while you had it so why do you think they will beloeve you this time. I would suggest trying for H1, if that is not available then depending on your situation and if you are reaching the six year cap you can go to Canada for one year and then apply for H-1. Hope this helps. I dont know about your situation but if I was you I would try and avoid J-1. Athough you can get J-1 waiver jobs it is not a very pleasant situation at times.
 
Try to avoid the J1 like the plague. And if you get it, get it from canada, not your home country. Doing locums in the maple plantation for two years is entirely doable.

As for the immigration intent issue: I know people who had approved I130s (and were waiting for a visa#) but travelled back and forth on B2 and F1 visas without ever getting asked (of course they checked the respective box on the visa application). So, while they CAN deny a nonimmigrant visa based on the immigration intent issue, they don't HAVE to.

Has your husbands company appealed the ability to pay denial ? There is a 1000 post thread on the issue, at times some creative accounting can help to overcome this.

Did you ever file an I485 for yourself (to get an EAD) ? If you didn't, having your name on your husbands I140 doesn't establish immigration intent. You would be on that form whether you wanted to immigrate or not.
 
485 denied, still showing immigrant intent?

Thanks for all your replies.

Yes, the company applied for my 485 & EAD as beneficiary (I never used it though). It was concurrent filing. I-140/485 was still denied after filing MTR so subject closed here. The hospital doesn't do H1s.. I have tried that the first shot. I really dunno why but they were very clear on that even I told them I'll pay every associated fee and bring the law firm to handle this. However, considering the FY-2005 cap was reached how can I obtain an H1 now (I'm in H4)?

I have talked to some attorneys and they say that since the 485 was denied you no longer show immigrant intent, however you have shown that in the past. It's a MAYBE... but with good chances (so they say).

They said a cleverly worded Personal Statement and also that you are Canadian resident (submit copies from the maple leaf card) which intends to return to fulfill your resident duties should get you through the I-539 approval. Especially since Canada has a need for physicians but clearly you can't get training in Canada as IMG (I'm on Family Practice).

I have obtained Canadian residence before my husband was offered a US green card app so our intent was clearly to go there (not true but for CIS purposes).

Laywers also said that if the 485 was still pending then clearly CIS would deny I-539 COS from H4 to J1 or any other non-dual intent non-immigrant visas.

Now, I tend not to take lawyer's word as granted that's why I need real life experience from you... has someone been in this desperate situation?

Many thanks,
Biba
 
> The hospital doesn't do H1s.. I have tried that the first shot.
> I really dunno why but they were very clear on that even I
> told them I'll pay every associated fee and bring the law firm
> to handle this.

Sometimes its about money, sometimes they fear that now you are an 'employee' and not a 'trainee'. So all the evil things they do to you as a resident (forcing you to sleep in the hospital, unpaid overtime) could backfire in front of the labor-commissioner if you want to screw them.

> However, considering the FY-2005 cap was reached how can
> I obtain an H1 now (I'm in H4)?

Non-profit teaching hospitals are exempt. Most hospitals are nonprofit and many have a teaching affiliation.

> It's a MAYBE... but with good chances (so they say).

I am no attorney, but this sounds reasonable. However, in the strict sense you have shown intent once, you are stuck with it.

> They said a cleverly worded Personal Statement and also that
> you are Canadian resident (submit copies from the maple leaf
> card) which intends to return to fulfill your resident duties
> should get you through the I-539 approval. Especially since
> Canada has a need for physicians but clearly you can't get
> training in Canada as IMG (I'm on Family Practice).

The kicker would be to get a letter from a canadian physician practice or health district indicating that they are interested in hiring you once your residency is over. This would help to show your 'attachment' to canada.

Talk to the guys at
http://www.healthmatchbc.org/
They might be able to hook you up with some people who are allways looking for FP docs.

How did you get your letter from healt canada ? Did you have to have a hospital interested in you at that time ? (one of my surgical colleagues got sponsored for the health canada letter through a psychiatric hospital in the boonies)

> I have obtained Canadian residence before my husband was offered
> a US green card app so our intent was clearly to go there (not true
> but for CIS purposes).

Well, it probably helps.

> Now, I tend not to take lawyer's word as granted that's why I
> need real life experience from you... has someone been in this
> desperate situation?

Sorry, no real life experience in this particular situation. Just my 5 cents.



I would consider to let this residency position go. There are hospitals that sponsor H1bs for FP residents. It is not like you are doing neurosurgery and this is the only spot you are going to ever get.
I was in a similar situation many years ago. I had the option of waiting a year, finish my internship back home, do step3 and get an H1b or to come on a J1 directly. I chose the J1, and in the end everything worked out. But sometimes I wonder whether waiting a year would have been a better option. I would probably file for my citizenship by now.
 
J1 waiver salary outlook

Thank you all for your input. I will not go on J that's it. I'd rather find another program that offers H1 and go with that.

I don't know how bad is it on a waiver though, but stories are ugly. After being resident for 3 years for example and working on 45K or so if you go to a waiver in a very country side and if they pay you 55K, I'd rather forget about it.

Any ideas how much you get paid if you go on a waiver? I mean a percentage of what you have gotten if you had taken a position with a normal hospital in the city or so. Like 50%? 75%?

Thanks a lot.
 
> Any ideas how much you get paid if you go on a waiver? I mean
> a percentage of what you have gotten if you had taken a
> position with a normal hospital in the city or so. Like 50%? 75%?

Very variable. It mainly depends on who you work for. If you find a job with a large multispecialty clinic and you just happen to cover a HPSA site, you will get the same salary as everyone else in the same position (I know one place that has a couple of J1 docs, some IM some FP, they all make in the low 200s, but it is really far out in the midwest)

If you work for a community health center (CHC) you get the standard salary, somewhere in the 130s.

The people who get screwed usually work for one of their countrymen who is willing to 'help them out'. Often small practices in economically depressed areas. Sometimes the boss is an ex-J1 himself. At times, the revenue of the practice really doesn't support the full 130k 'proffered salary' that the boss promised to pay on the H1b application. But often, the boss is just an evil slavedriver who profits of the J1s situation. The kind of job to stay away from.

( You have to be willing to entertain areas that you didn't think about going to. Often somewhere colder than you thought you would be able to survive.)

FP is generally easier in that respect than IM. There is just not a big market for IMs without fellowship training. But every large clinic in the midwest is probably looking for a couple of FP's at this time. You might be the only person looking different in town, but at least you are looking at regular work conditions.
 
Thanks hadron. The FP position is with UIC in Chicago. I will have to present my situation to the Program Director this Monday and I'm preparing my "case". I know they do H1s (I have the name of the person who handles it) but as a policy they don't :-/. I have to explain to PD that my J1 COS has chances to be denied because I showed immigrant intent so I'll push for an H1 especially since I have my Step 3 taken (Since last year).

Now, I need to complete the paperwork for my J1 just in case the PD says (in tears) that UIC can NOT do H1 for me. I'll tell him that I'd try my hand at COS to J1 then.

Question: I spent hours and hours trying to find a Physician J1 COS checklist/how to. The Office of Intl Students from UIC says it's not their business this I-539 (lousy). So I'm alone.

I need a:
- checklist (I've seen what CIS tells you in the I-539 instructions but that's pretty generic)
- A sample of Personal Statement that will help overcome my immigrant intent (failed Green Card). Again I also have my Canadian PR (not a citizenship yet) and this might help explaining them I wanna get back and fulfill my PR in Canada but get the training in the US, etc.
- BTW, the Statement of Need is NOT from Canada though even my last non-US residence is Canada :) where I intend to return for the 2 year HRR.

Thanks a lot. I'm really in a big mess now.
 
In the same shoes!

How are you doing? I came across your post regarding the dilemma whether you'll get your J1 approved after GC denial. Iam facing the same situation. What happened at last? Were you able to convince the PD to sponsor your H1 or did you get j1 approval. Please, do let me know. Thanks.
 
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