J1 to GC - As easy as ABC

S

Sridam Maitra

Registered Users (C)
Hi, fellow J1s.
I recently got my GC after 10 long years. I found out the loophole in the system a little in the game but "better late than never" and would like to spread the word around so that no J1 has to go through any more pain and suffering than is absolutely necessary.

The process is simple :
A) File for ALC (Alien Labor Certification) as soon as you can after getting your WAiver job.
B) As soon as ALC is approved, file for I-140 WITH CP OPTION.
c) Go for your Immigrant Visa (Green Card) interview the day you are scheduled (even before your 3 years are up if you are brave enough, otherwise wait till you finish 3 years of your waiver). AND YOU'RE DONE !

I'll post some more details later if people are interested.
 
congrats
i think most people do know the option but the problem is that its not that simple
right now i am stuck in a long line to get labor approved (tranferred to philly BRC) might take 1 or 2 or any number years
only good thing is to wait and see what happens with perm
so one is still stuck and waiting , also u are supposed to work atleast a little while after the green card is approved so in some cases becomes as slow as NIW ( atleast with NIW u can be independent after three years)
 
welcome villageMD

villageMD said:
Hi, fellow J1s.
I recently got my GC after 10 long years. I found out the loophole in the system a little in the game but "better late than never" and would like to spread the word around so that no J1 has to go through any more pain and suffering than is absolutely necessary.
Click to expand...
Welcome villageMD to this section of the world. :cool:
now that you are here, i am sure you will help others.

..... "I found out the loophole..."
No. this is NOT a loophole. It is perfectly logical and legal. So please don't give the impression to others, who might just be browsing, that we are doing some hanky panky stuff.
.
 
I mentioned thi possibility in a number of posts before, and in fact many people seem to go that route. However, it is not allways that easy. There are factors that speak for the NIW/I485 (few) and others that go for the LC/CP route.

It all depends on your heritage, specialty, practice location, the type of employer, whether you want to open your own shop etc. etc.

To sell the LC route as the only path to happyness is a bit ignorant.
 
I agree with your views

Hi J1 victim, I followed your advice and started a post here.


You guys have valid points, everybody's situation is different. I called the LC/CP a loophole not becuase it's illegal (loopholes are never illegal) but becos it is not mentioned anywhere on the same footing as NIW/485 by immigration lawyers or their websites. A few years ago, I myself had no clue that such a process was even possible though I'd already had the opportunity to hire two lawyers (one pre-J1 waiver on the East Coast and one during the waiver on the West coast). I found out about the concept of CP only when one of my J1 waiver colleagues mentioned that he had just come back from India with his GC (3 months before finishing his 3-year Waiver with no questions asked ! ) This was of course back in 2001 and I'd already applied for 485 by that time (which was later to be rejected for early filing ! ).

Anyway, my idea is not to give any false ideas but to make as many people as possible aware of the LC/CP process and its overwhelming advantages becos I still feel that most lawyers don't offer this process as a routine alternative to the NIW 485 route and I feel that if we were to do a survey of all J1 MDs, atleast greater than 75% will not know the details of the CP process and will shy away from considering going for it ( from fear of the unknown).

To end today, I repeat that everyone's case is different but I would certainly like to propagate the 3 -year LC/CP road to freedom as a routine alternative to the 5+ years underserved area bonded labor that many of us (if not most) feel is our only way out. That is all I have to say.Thanks.
 
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Thanks for clearing up the misunderstandings.

There are many factors, that go into the LC vs NIW and the CP vs AOS pathways. Here are my 5 cents

Heritage:
- if you are from a country with a consulate that doesn't have an overwhelming immigration workload, you definitely want to go with CP.
- if you are from the Phillipines, China, India and Poland, all countries with a tremendous family based immigration volume, you might be better off using AOS. (Waiting times at the consulate to get appointments and sometimes truly byzantine buerocratic hurdles might eat away from the time advantage of CP)

Practice location:
- If you are in a state that has a minimal processing time for the LC (old Denver region, ME, NH), it is possible to get an LC in a short time (5 weeks-1 year).
- who knows how PERM will play out. The DOL's history of f&^*%& things up beyond recognition makes me somewhat pessimistic.
- If you are in one of the nightmare LC states (mainly big states and the south), an LC might take more time than the 3 year waiver job)

Future plans:
- If your waiver job is in a reasonably attractive location, and you are planning to open your own practice, there is nothing wrong with going the NIW route.
- you can do the NIW thing using CP as far as I know. You can spend the 6 years that it takes entirely in H1b status and never file an AOS request.
- If your waiver job is in a location that you don't want to be buried in and you can't wait to get away from there, get an LC from a job other than your waiver practice.

Practice size:
- if you join a larger practice with a recruitment department and considerable financial assets, there is no problem getting an LC and I140 approved.
- if you join a small practice (2-3 principals), you might be better off using the NIW route. Smaller organizations undergo more scrutiny at the LC and I140 level than bigger ones. A statement of the CFO certifying that 'we have 450 employees and an annual income of $60m and are able to pay Dr X's measly salary' is enough to obviate the whole 'ability to pay' song and dance.

Practice structure:
- if you join a large multispecialty group and you will remain an employee forever, an LC based I140 is no problem.
- if you join a small practice with intent to become a partner after a year or two, you might want to consider NIW. (It is problematic if you are a major shareholder/officer of the corporation sponsoring you for a GC)

'How much do you hate your employer' factor:
- if you join a small practice and your friendly countryman who offered to 'help you out' turns out to be a ruthless slavedriver, you want to keep your exposure at a minimum. With a NIW you can piss on his table at 3 yrs and 1 day without worrying about him withdrawing an I140 or sharing - the 'dirt' on you with the CIS enforcement division.
- a pending immigration case weakens you during salary and partnership negotiations. If you work with the usual crooks that run group practices, a pending I140 reduces your market value considerably.
 
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