MD and EB1

wi_lca

Registered Users (C)
Hi There,
What is a better one to file for a MD with specialized training and some research papers and outstanding ability.... NIW or EB1. Also have a Labour Condition application in process. Can these processes be concurrent..? Are there any physcians on this forum who filed for EB1 OR NIW.
 
1. what is exactly the nature of your current employment.
2. are you going for a research based niw or an niw based on practicing medicine in an underserved area/VA hospital

i am a physician recently got my niw approved. i am currently doing research though and not clinical practice.
 
Hi,
Clinical Practice in underserved area. 3.5 yrs completed. 1.5 more to go. I am hoping to be able to start EB1/looking for some other procedure to decrease time. Employer is pretty bad.
Wi_lca
 
looking at your credentials, i would suggest file for an niw. it would be very tough if not unlikely to get an eb-1 approval. i don't know much about getting j-1 waivers through working in an MUA. i would consult a lawyer.
 
I'm wondering why do you have spend 1.5 yrs. You have done your obligated 3 yrs. Unless..... you have 5 yr contract.

Did you look into finding another empoyer who would file PERM/I140. You might be surprised that it might come before your current LC. If it is approved, then you can give notice to your current employer. If you find a good employer where you would want to stay, then if it takes more than 1.5 years, it is not a bad thing.
 
Hi,
Thanks for the reply. I am contractually obligated to stay with this one till december of 2006. I already have NIW based on underserved area in process. I also have the Labour process going. Because I have the labor process going already i cannot move to PERM at this point. I am now trying to explore possiblity ot EB1 or something to cut down on time.
Bye
Wi_lca
 
to wi lca

Hi, wi lca:
I also hold MD degree from my home country, and currently PhD student at 5th year. Hope this year would be the last year of this tedious PHD program. I already took step 1 and going to take step 2 and CS soon. I am thinking to go through NIW by serving in underserve area.
Could you pls give me some information how to find information regarding underserve area? Are those area all in remote area and how is the living condition? Any danger to life? Since I have a family and my kid needs to go to school, how is public school in those area?
Probably these are too basic questions, but I don't know how to find the information. Thanks a lot for your information.
Have a good weekend.
crcr
 
Labor and PERM

I am sure you know this but you could move to PERM even if your LC is pending. I dont know why there is so much confusion about PERM and loss of priority date. All that matters is having a valid Labor certification and filing of 140. you may be simply losing time by waiting more and more for regular LC and not filing through PERM
it appears that filing through PERM would be your fastest bet to GC unless you have money to spend on lawyers.

RHTK
 
Underserved Area

Hi CrCr,
Working in underserved area and filing for NIW based on that happens after you have completed the residency etc and are licensed to practice medicene. I think the other way that you could think about would be to try EB1 under Extraoridnary Ability based on your work during PHD. This would eliminate hassles at this stage itself instead of having these issues later on..
Not all underserved areas are really in a rural area etc. In fact you would be surprised!! Some of them are just pockets in a regular city or suburban area. Livign conditions are normal.. as you would find them anywhere else. All you have to do is to find a city or town which has a designated area. I dont think there is any danger to life. Also you can work in a VA or a large hospital etc.. depending on ur speciality/training. Schooling facitilites are variable just like everywhere else...
Just My 2c
Wi_Lca
 
To RHTK

Hi RHTK,
I may file with PERM. How long is it taking via PERM? Did you file with it yet..?

I also read elsewhere on the forum that you have filed EB1 which got denied and then case was reopened. Can you pleae share some details about your eb1 application? Also please provide any insights on how to succesfully prepare one.. I am going to do that myself.. and then get a lawyer to review it .. i dont think i have much money to spend on lawyers at this point!!
Awaiting your reply.
Wi_Lca
 
to wi lca

Thank you very much, wi lca.
One question about "Working in underserved area and filing for NIW based on that happens after you have completed the residency etc and are licensed to practice medicene.". Does that mean that filing NIW by working in underserved area can only be available to those who has completed the residency? Do you need to pass step 3 also in order to qualify?In my understanding, one will get certificate after step 1, 2 and CS test, and not necessary step 3. Pls correct me.
Do you know where to find out the official policy regarding this issue?
(My PHD program isnot in a famous university, and currently I only get one 1st author publication here in a so-so journal. So I donot feel confident at all for applying NIW or EA)
Wish you a good weekend
crcr
 
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