MD on Hi-B, 6 years up in a month -help

D

deep sinha

Registered Users (C)
guys, my niw got rejected and appeal to that was dismissed. I was notified about the dismissal last month. With my Hi-b 6 years up in a month - what options do I have -PLEASE ANY SUGGESTIONS WELCOME - I WANT TO CONTINUE TO STAY LEGALLY IN THE COUNTRY AND HOPEFULLY WORK TOO.
d sinha
 
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WHY DONOT YOU APPLY FOR NIW UNDER THE NEW LAW
WHAT SPECIALITY
PLESE LET US KNOW
 
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I had the same problem last year. I had H-1B expiring in 6 months, NIW pending appeal, and application at Department of Labor pending. I applied for an O-1 visa and received it within a month. In the mean time The Labor Department approved my application which is now at VSC. To my surprize I just received a letter stating that my NIW appeal was accepted and sent back for further processing.
 
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 FOR SRID (and others if they have an answer!) Hi SRID, what new NIW law? Please tell me. My speciality is radiology. LOOK forward for you reply (ASAP PLEASE)- I HAVE A MONTH TO GO ON MY HI-B. ALSO, ANY SUGGESTIONS TO STAY LEGALLY IN THE COUNTRY WHILE (WHICH EVER) OPTIONS YOU SUGGEST CAN BE PURSUED)
 
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Hi MARTINA, why did you have to file application at Deprt of labor for NIW? Does one need letters of support for O-1 , and can one do without those? Please advise - it will be greatly appreciated. Any other suggestions are very much welcome too.
 
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Hi MARTINA, thanks for your reply. I was reading your suggestions in one of the O-1 visa questions by Francisco. Could you please tell me if beside the peer group letter you got additional letters too. In total how many letters did you submit. Could you please email me a template for this letter too (I would be very greatful) Also if you could tell me who would be a good attorney to pursue this. My email add is dipsinha@hotmail.com. Thanks for your help. Also is O-1 visa specific for the job? Do I need a contract to submit along with the O-1 petition?
 
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Hi BEEJ ANNA, my speciality is radiology. What are the options for radiology in Canada? Do they let you practice with US med lic? And I do not have a valid Canadian status. Any and all suggestions welcome.
 
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FOR SRID (and others if they have an answer!) Hi SRID, what new NIW law? Please tell me. My speciality is radiology. LOOK forward for you reply (ASAP PLEASE)- I HAVE A MONTH TO GO ON MY HI-B. ALSO, ANY SUGGESTIONS TO STAY LEGALLY IN THE COUNTRY WHILE (WHICH EVER) OPTIONS YOU SUGGEST CAN BE PURSUED)
 
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Hi,sinha,
the best way is to apply for an O1 VISA GIVEN YOUR speciality of radiology,then pursue GREENCARD THRU LABOR OR IF YOU GET AJOB IN A VETERAN AFFAIRS HOSPITAL OBTAIN NIW.IT IS NOT TOUGH TO GET A O1 ,GET A JOB APPLY O1 BEFORE YOUR PERIOD COMES TO AN END THEN YOU WILL BE IN LEGAL STATUS
NIW LAW--IF YOU GET A JOB IN A VA YOU WILL QUALIFY FOR A GREENCARDFOR DETAILS SEE.WWW.SHUSTERMAN.COM
LET ME KNOW IF I CAN BE OF ANY MORE HELP TO YOU
SRID
 
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O1 IS SPECIFIC FOR THE JOB , YOU NEED A LETTER OF OFFER OF EMPLOYMENT,
LETTERS FROM YOUR FACULTY CONTACT ELAHE AT THE LAW OFFICES OF CARL SHUSTERMAN ,GO TO WWW.SHUSTERMAN.COM FOR PHONE NUMBERS.
 
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I did my O-1 visa with a lawyer, but he was not very helpful in advising me how to write these letters. So I talked to my friends who did the same thing and I wrote those letters by myself. It is hard for a lawyer to know all details of your carrier. Basically you need as many letters as you can get from people that you worked with. The best is to get people from different institutions. The letters should in the first part summarize the qualification of the person writing the letter. This paragraph should end with the statement that the writer is an expert in this field. The next part of the letter should describe all your achievements, including your education, any awards, prizes, publications, memberships in organizations. It should describe your person in superior wordings, you have to overcome any shyness and describe your achievements in the most positive picture. I had about 8 letters, including the peer group letter from a group of physicians working in the same field and from your employer who has to describe how they can use your skills. It takes quite a while to gather all these letters together. You have to submit all the evidence together with the letters. Then you need to fill out appropriate forms (which my lawyer did) and fees and send it to INS.
 
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If you apply for NIW, you do not need labor department. To apply for NIW is similar as to apply for an O-1 visa. So I suggest that you apply for O-1 visa first. NIW used to be given to physicians working in the medically underserved areas or in the VA\'s In the fall of 1998 they changed the interpretation of the law and started denying all these NIW. Last year (in fall 1999) the law was changed again, but the regulations did not come till recently. So now it should be possible to get NIW based on your work for the underprivileged population, you do not even have to be an expert. I think that you can also apply for NIW if you are an expert in your field, but this would be best if you do some research in this area. NIW means that labor certification is waived based on the proof that your work is in the national interest of the U.S. You directly apply to INS without going through the Labor Department. But in the mean time you need a visa to work, so go ahead and apply for O-1.
 
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I am not sure how far this method is useful and whether it may apply in this case.
You can apply for an extension of H-1B beyond the 6 year period if your immigrant petition (I-140) was in process for over an year at the end of your 6-yr H-1B period. (Lot of people in other fields are doing it and getting extensions beyond 6 years.) However, the reason I said it may apply in your case is that you mention that your I-140 has been denied. In all other cases, I-140 adjudication was in progress (a decision was not made).
As Martina and Srid suggested you may also want to apply for an O-1. If I were you, I\'d just send the letters I have from the NIW petition which will buy the time to collect additional letters as well as (I guess) protect legality of your stay because you will be awaiting the decision on a petition to extend status. INS usually sends you an RFE instead of outright rejection if they are not satisfied with the reco letters/qualifications which will also buy you more time to pursue other alternatives such as refiling NIW. According to the new NIW rule Martina mentioned about, your NIW petition cannot be rejected if you are working in an underserved area and if you can show that you have cumulatively worked or have a contract to work for five years. I do not feel going on to B2 is a great idea if you can extend your H-1B.
I hope what I wrote makes sense.
 
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Hi SRID/MARTINE ETC: for O-1 do I need to get leters from my current employer (residency training) finishing up - or can I get it from the employer who would be giving me the contracct (in my curent situation it would probably be much easier to get it from my potential future employer who would be providing me with the contract. Also once you get an O-1 and say things do not work out with the employer - can I switch ie is O-1 transferable or do I have to start from bottom up again (ie new lettres, new contract etc). How willing are employers to write letters of supprt for O-1 if they want to hire you(youir experieces please). To improve chances for O-1 should I be joining a larger group, a small/join another solo guy. Would getting a job woth a private group work against me instead of working for an academic place/university?? Thanks for your input.
 
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I think that you have better chance to get an O-1 visa if you work for academic place/university. You can show much more easily that you are going to do an expert job. But sometimes people do not have such an offer and get it even if they work for private group. The letters should be obtained from your prospective employer and from individual people who know you from before. So you may ask a director of your residency program. If you did any research and cooperated with any group outside of your hospital, get letters from them too. The best letters are from people who work in academic places and who have good publication record. The O-1 visa is not portable. If you decide to change jobs, you have to do it all over again.
 
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Sorry i took this long to answer. I was away. I know IMG\'s who good jobs in Canada after completing residencies in the US.Usualy, if a hospital or clinic offers you a job they, or the Dept of health of that province, will sponsor your work permit or PR. You would need registration in that province. that is not difficult for a docter who has done a residency in the US and board certified. Contact www.rcps.medical.ca and www.mcc.org. for ways to get your training approved.It is easier to get registration in some provinces than others. For possible job oppurtunities check out the classified section of the CMAJ ( Canadian Medical Association Journal ) or these sites WWW.gov.pe.ca and www.gov.ns.ca

I think the O1 visa is good idea, but no harm looking into this option too. You never know. Good luck
 
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Hello, please tell if one can work on O visa after H1-B 6 years are up? Does\'nt the H1-B 6 year cap kick in barring you from working for 1 year (even if it is on O visa?). Await all answers. Thanks again guys.
 
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