My journey to GC

H

helmut

Registered Users (C)
Hi, I thought I would share with you all my personal experience in getting a GC from an H-1B status.
Here is the timeline:

LC application under RiR sent via FedEx to VEC (Virginia SESA) 5-1-00
LC application delivered at VEC 5-3-00
LC application approved by VEC and forwarded to US DOL (Pennsylvania) 5-3-00 (same day!)
LC application approved by US DOL 5-19-00
I-140 petition sent via FedEx to VSC 6-7-00
I-140 petition delivered at VSC 6-9-00
I-140 petition approved by VSC 9-1-00
Original I-140 Approval Notice sent along with OF-230 Part I to the US Consulate in Prague 9-25-00
Combined Packet III and IV received from the Consulate 10-?-00
Interview date scheduled informally by phone for the date I picked
Interview at the Consulate 1-3-01 (informal, with smile and courtesy, no questions asked)
Immigrant Visa received immediately
Entered through Dulles Int\'l Airport 1-8-01
Plastic card received by mail 3-5-01

FYI, I started the process shortly after my cardiology fellowship. I joined a solo physician working in a MUA, which made the RiR process easier. My employer was very "cooperative", although he never went through this process before. And most importantly - I have never used any lawyer. That way I could keep things under my control and saved a lot of money.
I wish you all similar success on your way to permanent residence.
 
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Hi Helmut,
Congratulations and thanks for the good info!!
How did you go about your RIR Labor application? More specifically, how much advertising for the position was required? I am told that you need six months advertising before you can apply in RIR. Is this true? Do you use any specific journals for the advertising?
Thanks
MJ1
 
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Hi Helmet,
Congratulations. It was very fast and you did an excellent job. I wanted to find out if you were on J-1 visa and had the two year HER on your visa? If so, were you working in the current MA to satisfy the HER? Did you complete the 3 year service before you applied for I-140? From my wife\'s I-612 (J-1 waiver approval notice of action), I understood that she can not apply for an immigrant petition and can not be the beneficiary from the spouse\'s immigrant petition also. Can you please explain? I did the J-1 waiver process for my wife my self and completely understand when you said you will have control over the process. Thanks and shall look forward to your reply.
 
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Hi Helmut,
Did you do advertisement for 3 mon or 6mons before you put your papers for RiR? I am not in a MUA but in a small town. How are my chances of getting RiR done? Did your employer got any candidates for interview in response. I will appreciate yur answer.
Thanks
 
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mji,phdmd,relieved, helmut
pl tell others what is the best way to go on the immi.path;
this is a case of a surgeon working in a small town - rir or niw or anyother route. currently on h1 (already fulfilled 2 yr hrr by going back to india for 2 yrs, (yes took full brunt of j1 alright)). thanx
 
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Sorry, it took me so long to answer your questions. The advertisement was all done within 6 months prior to sending the RiR-LC papers in. It included an ad in the JAMA that was repeated for 5 consecutive weeks (Cost for my employer roughly 2000$). In addition, an ad was sent to the program directors of 20 geographically closest cardiology fellowship programs. As far as responses are concerned, We received 4 replies to the JAMA ad, all of them from J-1 holders. Those, who did not disclose their status in their CV had to be sent an e-mail with the particular question about their visa status. Their response was then printed out and used along with their CV as documentation of their ineligible status. There was not a single response to the letter sent to program directors.

The most important part of the RiR-LC application, i.e. the "Recruitment Report" included following items:
 
1. Chronological summary o recruitment efforts with numbered references to the documents below
2. Copy of each JAMA ad (full page with the ad, date and issue number highlighted)
3. Copies of all the responses to the JAMA ads received, with the J-1 status of the applicants highlighted. (Each response was also mentioned in the above chronological summary with explanation why the applicants were not considered - easy to do unless GC holder or US citizens apply)
4. Copy of the letter sent to program directors
5. Confirmation receipt from the postal office listing names and addresses of all the program directors, dated, signed and stamped by the local post office.
6. Official letter issued by the Director of the City/County Health Department emphasizing the MUA status of the place, the horrible cardiovascular statistics in the county and the need for cardiologists.
7. Documentation of the MUA status by printouts from the internet - webpages of the State Dept. of Health, Federal Register,etc.
8. The original of the "in-house" advertisement that has to be posted by law at the workplace and has very specific requirements - this is a standard part of every LC application. Negative results of this posting were attached.

In general, the above advertisement efforts were a way above what is required from physicians in a MUA/HPSA. According to Carl Shusterman, in most states, the RiR for physicians in a MUA/HPSA requires only about 1-2 ads in JAMA or NEJM. Outside of MUA or HPSA, the requirements are of course for more extensive advertisement, but there are no fixed rules and the state offices use a lot of discretion. I definitely recommend to do this in a MUA or HPSA, since in an attractive area, you are likely to receive some responses especially to the journal ads, from qualified applicants (USC or PR)and that can ruin the whole process. Also, pay attention to how you put the ad together. We have briefly described the duties, mentioned the MUA status, high incidence of heart disease and the fact that significant proportion of patients are on public support. Although to me, working here is both challenging and satisfying, US graduates seem to be virtually repelled by underserved areas, which in turn makes our job easier.

Good Luck to everyone.

Helmut
 
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I did not have to go through a waiver (straight H-1). But my understanding is that if you went through a HPSA-based J-1 waiver, the waiver is "conditional", i.e. you (or your wife) have to complete the required years in the HPSA before you can apply for an immigrant visa at the consulate or file for adjustment in the U.S. However, you can proceed with I-140 in the interim. Check with someone who went this route. The rules changed a couple of years ago.
Helmut
 
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Please see also my reply below. Basically, you can apply for RiR-LC (or any LC for that matter) from any place in the U.S. It is just so much easier to convince the DOL that there are no U.S. applicants within an MUA/HPSA, since this status is telling them already something. But of course, try it from wherever you work. Your employer will need to show a little more recruitment efforts compared to MUA. The recruitment must take place WITHIN SIX MONTHS IMMEDIATELY PRECEDING THE RIR APPLICATION. It does not have to TAKE SIX MONTHS to recruit. As a matter of fact, in most states if applying in a MUA/HPSA, all that is needed is one or two ads in JAMA or NEJM. That is basically two weeks of recruitment. Outside of underserved areas, the recruitment must be more comprehensive and there are no fixed rules. Call your state\'s SESA and simply ask them what they consider to be appropriate recruitment. Talk to the person who actually handles the applications to get straight answers. Always be courteous and professional on phone. This is the easiest and most reliable way to get forward.

Good luck,
Helmut
 
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helmut thanx to continue to contribute to the forum,
 you are a goodman, goodluck in u r profession.
 
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Helmut you\'ve done a good job, please help me out with this process, can you guide me where to get the info, forms etc about how to start and where to start. Also in which JAMA your add ran so I can cross reference the add format. Thankyou in advance. I am in a situation similar to yrs.
 
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You have to start with the advertisement. Talk to your employer and have him/her post the ads in JAMA or NEJM. I don\'t want to post my ads here, but will get in touch with you by e-mail. The next step is to wait for responses and to post the in-house ad (Notice of Filing" 20 CFR 656.20(g). The Notice of Filing has very specific requirements described in the CFR under above reference. After all the results are back, your employer will have to put together a complete recruitment summary.
Helmut
 
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Hi Helmut,
it looks that the consulate in Prague works quite well. I hope it will be the same experience for me. How soon after I-140 did you get your first interview date? By the way I followed the same path to GC as you did, but it is taking me a lot longer.
 
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Hi, Martina,
my I-140 got approved on 9-1-00. I took a few weeks to get the Approval Notice (I-797). I have e-mailed the consulate and asked them what they need to start the processing. They only wanted the original I-797 and the first part of OF-230 for each family member(You can use the internet copy). I sent it in via FedEx, they received it in two days and started processing (without having to wait for the NVC to send them the approved petition). Other paperwork followed later. I called sometime in October to confirm that they received everything and asked about interview date. I was told that they could do it anytime in November, but this was not convenient for me, so I asked them to do it first week in January 2001. They basically told me to pick a date and that was it. Very informal, very courteous, no appointment letter needed. The interview itself was a similarly pleasant experience.
I hope everything goes well for you, too.

H.
 
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Hi Helmut,
thank you for your information, I will try to follow your steps. I am still waiting for my I-140 approval, it is at VSC since November, so I hope that it will come sometime in summer. I would like to have everything ready in advance, because my NY limited license to practice medicine expires August 31. They are refusing to extend it without a green card. Without a license I am no use to my employer.
I decided to go for CP because I think it is faster. The only confusing thing is that the NVC says you have to wait till your visa becomes current. How long it takes in this case? Martina
 
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Hi Helmut,
Congratulation on your speedy processing!
Could you tell us how you went about the Police certificate with fingerprints and the medical exam in Prague? How long
did it take you to get the Police certificate, etc.? Did they request any other Police certificates from other countries (there is a rule that you have to provide police certificates from any country you lived in for longer than 6 months)?
I\'d really appreciate if you can provide us with any other details related to the Prague consulate processing (all these pesky
certificates).
Thanks in advance!
 
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Martina,
don\'t worry about your visa "not being current". Assuming you are a Czech citizen, your visa is always current. The only delay is the administrative one (getting the NVC process your case and send the approved I-140 petition to the consulate- that can take weeks). Hopefully, you requested clearly on your I-140 form (Part IV) that you want to go through consular processing, because otherwise, INS will not even send your petition to NVC. The good thing about consulates in small countries is that they are much more efficient and will start your immigrant visa processing even before they receive your I-140 petition from NVC, which saves a lot of time. You however still need the original I-797 (Approval Notice) before they will do anything. As far as your limited educational license in NY State goes, that is a problem, since in contrary to most other states, NY will not give you a permanent medical license without GC. Let\'s hope you get your I-140 aproved ASAP, so you can start the processing.
Helmut
 
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Hi, Marta,
you need a police certificate from every country where you lived for 6 months or longer after the age of 16. For example I needed 2 certificates: German one (Polizeiliches Fuehrungszeugnis) and a Czech one (Vypis z rejstriku trestu). You can get the "Vypis z rejstriku" at the court in Soudni ulice in Prague 4. You just fill out the little form, put 50 CK sticker on it, get a number and wait for about 30-60 minutes till they call you to the window. They check your data on the form , your OP and stamp the form. This is your police certificate that you will take with you to the interview. You don\'t need any finger prints. They will be done at the airport at your arrival to the U.S.
Helmut.
 
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Hi, Helmut,
Thank you for your quick response. I have another question regarding Vypis z rejstriku trestu. Do you know if I could have it done in Prague or I would have to go for it to the city I have lived in? Moreover, was your German certificate without fingerprints as well? I will need a Canadian one and the people doing CP in Montreal need the one with fingerprints. However, if Prague has accepted both of your certificates without fingerprints, I would go for both of them in a name only.

Do you have any info on a military service?
The last question is regarding the medical exam. Have you done it in Prague?

Thanks a million!

Marta
 
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Thank you for your encouraging news. How long it takes to obtain the approval notice? Since I am doing it with the lawyer, I think he will be the one who gets it. Should I ask him to mail it to Prague?
 
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Hi again,
to my knowledge, you can apply where you lived, but your application will have to be mailed to Prague Central Register and back. This will cost time. The only place where you can get it "na pockani" is in Prague Central Register. The other option you have is to call the Czech Embassy in Washington and ask them for the form. After you send the filled out form back, they will forward it to Prague Register on your behalf and then mail it certified back to you. But the whole process takes reportedly 2 months. I personally prefer having things done quickly myself, so I would simply make a little trip to Prague to do all the paperwork right there. Keep in mind that you also need an appointment for medical exam and these can be done ONLY in Prague. So you will have to go there a few days prior to your interview anyway. As far as the exam is concerned, there are only a few physicians contractually authorized to do these. The office I used (because they were able to give me the appointment I needed)is the "Health Centre Prague" in Vodickova 28 (pasaz ABC). The cost is rouhly 100$ and they take credit cards. You can get in touch with them via e-mail (see www.doctor-prague.cz). You will have to show your OP and a current immunization record. If your imminuzation is not up to date (they use CDC guidelines), you will get your vaccines there at no extra cost.
In terms of the finger prints, I would not worry about them. They will be taken at the port of entry (airport) by the INS. This is different from "adjustment of status" done in the US, where you need the fingerprints along with the police certificate. The Prague Consulate did not even ask about finger prints from either Germany or CZ.

Hope this helps.
H.
 
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