is residency in primary care program in MUA counted towards the 5 yrs for NIW?

No Title

only if you are on an H-1B visa. time on J-1 is not counted. Also you will need a letter from state dept of health stating that the work ( during residency) is in "public interest"
 
can i apply....

can i apply in my first year? I\'ll be on H1 in a 4 year primary care med/peds residency? I\'m thinking of applying ASAP so that I\'ll only have one more year to serve after the residency? Any advice or opinion on this? thanks for your comments!
 
Depends on the State dept of health

it depends whether the state dept of health will issue you the required NIW Letter during your residency.

just as an example:

NY State Dept of Health has been unwilling to give NIW letter unless the contract letter is for working in the area for 5 years as a practitioner (does not count the 3 or 4 yrs of residency)

good luck.
 
Wait

If you file for NIW now and get a NIW, you may get a GC only if you stay in the same geographic location for 5 years. If you move to a different area after your residency and that area is MUA/HPSA, you still can count the earlier 4 years from your residency, but must refile your NIW. Therefore, I don\'t see an advantage in filing now. If in the 4th year of your residency, you get an offer from a MUA/HPSA that appeals to you, file your NIW from that job-even if it\'s a fellowship. The other option is get the right job and go with labor-it is likely to be faster in the future with PERM.
 
No Title

to count his time during residency towards the 5 years you still would need a "Public interest" letter for that location ( where the residency is located) and an approved NIW. otherwise the years you spent in residency will not get counted even though it is in a HPSA.

with the new PERM system of labor certification coming up this will become the preferred route for most people. they are promising labor cert in 2 weeks in most cases. plus you are not stuck in a HPSA/MUA for 5 years.

one thing people dont realize sometimes is that they can start labor cert as soon as they get the job even if they have not finished the residency. So find a job early in your final year and start your job on a green card when you finish residency
 
thanks

thanks, how long will the whole process of getting the green card take if labor cert takes only 3 weeks?
 
Sudhir, can u be more specific in this info?

to quote from ur post in this thread,

1.1.2.1 Posted By: SudhirS 5/15/02 10:16 AM
(#5 of 6)
to count his time during residency towards the 5 years you still would need a "Public interest" letter for that location ( where the residency is located) .............................one thing people dont realize sometimes is that they can start labor cert as soon as they get the job even if they have not finished the residency. So find a job early in your final year and start your job on a green card when you finish residency
 
i thought u could start the LC process b4 end of residency (say in last 6 months of residency) but not file for LC until u met the criteria (like completed residency). then it would take all the time for LC (about 1 yr), then I-140 (2 months), then I-485 (about 1 yr)
so how can u get a GC when u finish residency?
any example?
 
let me simplify...

Labor certification is for an unfilled job, not for a beneficiary. So, it can be done even when you are in residency. Before stsrting that job you must meet all the criteria advertised in recruitment efforts. So, when you file for I-140, you must have finished your residency. Then if you opt for CP, you can get a GC in 6 months.
 
job eligibility - b4 filing for LC or b4 starting job?

Thanks Rajeev for clarifying. we all agree .. LC is for a job.

But how can u you be eligible for a job b4 finishing your residency?
(ofcourse there r some states where one becomes eligible for state licensure after 1-2 yrs of residency). Are we talking of these few states only?

Can u clarify further, please. One must meet eligibility criteria
i) before filing for LC (which i think) or
ii) before starting job

difference between i and ii is saving of almost 1 - 1 1/2 years.
 
when you start working...

If you are done with your residency and meet the minimum criteria for the unfilled job, you will start working on H-1b and file for labor while you are working. However, if you are still in residency, the employer can file for labor certification-which will let him employ an alien as he could not find a qualified american citizen or permanent resident for that unfilled position. In fact he does not even need a qualified alien worker at the time LC is filed or approved. Only at the time of I-140 do you need to show the alien\'s identity. Many tech firms actually obtain blank labor certs with no beneficiary names so they can entice employees who are eager to join for faster processing of green cards. Hope this clears up the confusion.
 
Top