My journey to GC

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Hi, Helmut,
Thank you so much for all this info! We will go for the certificate "na pockani" for sure. I just wanted to make sure that there are no surprises. We originally planned to do CP in Montreal ( it takes about 6-8 months), however, Prague seems to be so much more attractive with its speedy processing.

Have a great day!

Marta
 
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Martina, look at my timeline (first message). It was approx. 3 months before my I-140 was approved. The speed will depend on the center you use (mine was VSC), on the particular part of the year and lot of other variables. If you click on "I-140 forum" on this website, some smart people have compiled chronological tracking lists of I-140 waiters for all four INS centers. This will give you a good idea about how long you will have to wait. The official "processing times" published by the INS centers are totally off and you should not even look at them (same applies to the recorded messages that you hear when you call the INS).
The I-797 (Approval Notice) goes normally to the petitioner, i.e. employer, but if he is represented by an attorney, it will be the attorney, who will get it. I don\'t know how good is your relationship with the attorney, most people feel uncomfortable "bugging" their lawyers by phone calls. But you just have to do it, because your time is running out. At the very least, you should have your case number, so you can check the recorded status message regularly. The message is updated usually within a couple of weeks after the actual approval. Since you have a lawyer, he/she will probably want to run the show and may not let you tell him/her how to do the consular processing. He/she will probably be unfamiliar with the consular processing in Prague. Have him/her call the consulate and talk to the people there.
H.
 
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Yes, I do follow the I-140 discussion group and it looks like things are moving at VSC right now. I hope they will keep moving...
I am able to talk to my lawyer and so far I think I kept things under my control (I have been on this road for a while - J1, H1, O1, national interest waiver, labor certificate). The most important thing for me right now is (thanks to your advice)that I do not have to wait for the package from NVC. That should save some time (which is overdue anyway). Just one more question, should vypis z rejstriku trestu be translated into English?
 
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No. At every consulate, documents are accepted that are either in English or in the official language of the country. All documents in Czech will be accepted in Prague including Vypis z trestniho rejstriku, birth certificates, marriage certificates, etc. No need for any translations, unless you have documents from a third country (in a different language).
Make photocopies of your birth and marriage certificates, but also take originals with you. As long as they can see the originals, they will accept non-certified photocopies (no need for notarization).
To clarify the NVC issue: Prague consulate will START working on your case once they receive the original I-797 and your OF-230 Part I. However, they will still need the complete petition from the NVC down the road. What normally takes the longest for the consulates, is the review of your biographic information (OF-230 Part I) and FBI clearance. That is why you can save so much time when they can initiate this process without the complete petition. Reportedly, it takes about 2 months for the NVC to send the petition to the consulate (The NVC carries out an independent name check and FBI clearance). By the time the consulate receives your petition, they should be ready to see you for the interview.
H.
 
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Oh, and by the way, for you waiting for the Packet III from the NVC makes no sense at all. It just contains the same forms that you can download from the internet (including OF-230) and very obsolete instructions regarding medical exams in Prague and old photograph requirements. They apparently use instructions that are way outdated. Just stick with the consulate to get the up-to-date info. When I received the packet from the NVC, I was already half through the consular processing. I just noted down my case number (different from INS number) for future reference, and threw the rest in a trash can. I suggest you do the same.
H.
 
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OK, now I am getting better picture. I did not know what I-797 and OF-230 means. I-797 is what I get from INS and OF-230 is a form that I can get on the internet and send it to Prague together with the approved notice (I-797), right?
 
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I must say, that this has been very informative discussion, thanks a lot. I hope I can ask for more info if I come across some problems. So far I am patiently waiting and making arrangements for extended vacation in September. By the way, in which state do you work?
 
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Hi Helmut, I found the web site of U.S. Embassy, but I could not find their e-mail address. Would you mind to share your contact e-mail address?
 
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Hi Helmut,
I tried to e-mail to the U.S. Embassy in Prague. I found an e-mail address on their web-site, but it was not the correct office. They sent me back a note, that they do not deal with this. Should I try to call them and get the right address, or would you still have it with you?
Thanks
 
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Hi helmut,

Great work and amazing confidence

How many years of your H1 did you use up by the time you finished your cardio fellowship. I thought this might be difficult with a 6 years of H1 used up 3 for Internal Medicine and 3 for the fellowship.
How did you manage with out years remainig on the H1 if you did take use up all 6 years.

I have felt the same thing about the control issue and being left in the dark using lawyers. But not confident to go on my own

Thanks

Raks
 
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Hi Hulmut are you real?
 I am in a surgical specialty. I will be completing my residency in June 2002. I will have one year of H1 until 2003. I have a job offer now for which the hospital had advertised for over a year and discontinued the ad in the last 5 months. I have talked to several lawers and each of them give a different answer. Most of them say that the the ad must be in print at the time of applying for C. One of the very popular attorneys with doctors tells me that the hospital should have advertised within the last six months. And your are still in the 5 month period. Apply now before it becomes six months.

I looked up at web page for LC for aliens- which says that" the employer must have attempted to recruit within the preceding 6 months".

It looks like all of them are correct depending on how they interpret this statement. But form your experience what is happening in reality.

Some lawers say I can not even apply for AC because I have not completed the training. If I can ask you, when did you actually start your process. Which year of your H1.

Thank you for your help.

Santhi
 
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Well, you of course have to have a "permanent job" offer to be able to apply for LC. (Understand, no job is really permanent, but your training position certainly does not qualify). Moreover, to qualify for the permanent job, you have to meet all the requirements of the job and that almost invariably means to be licensed or immediately eligible for permanent license in the particular state and BE/BC in your specialty. That is why you probably can\'t start from training.
As far as the criteria for RiR-LC are concerned, the law is absolutely clear about that: The employer has to have conducted good faith efforts to recruit a US citizen or permanent resident worker within the 6 months PRIOR to applying for a LC on your behalf. It does not have to cover the entire 6 month period, nor does the recruitment have to be "in print" at the time of application. In your case, I don\'t see any other solution than to finish your training and look for "permanent" job ideally in a HPSA or MUA while on H-1B and have your future employer start recruitment process as soon as he decides to hire you. What is considered apropriate recruitment for USDOL purposes will vary from state to state, but you can refer to some of the earlier postings under this topic. The advice that you received from some of the lawyers is clearly wrong. If we gave advice like this in medicine, our license would be revoked. The process is simple and you don\'t need any lawyer.
 
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I can\'t go to all the details, but I saved one year of H-1B during my training by starting off with somewhat unusual arrangements. That left me one more year on H-1B to use in my current position while going through all the LC/GC hassle.
H.
 
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Helmut does one need to send the prevailing wage form with the application, or just advertising at a suitable wage(similar to PW)is enough, also if the application goes to SESA does it have to be addressed to the CO in regional office or..., RSVP
 
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Since every LC application is "pre-screened" by the SESA before it goes to the US DOL, you don\'t have to document the prevailing wage in your application. The SESA office knows what the PW in your area is. On the LC application form (ETA 750), the employer is specifically asked about the rate of pay and the working hours. This is because most of the PW estimates use per hour rates, not per year. Therefore make sure that the hours (whatever they are) don\'t add up to number that will make your yearly salary too low. As a general rule, the "hourly pay" in most areas in the US for physicians is about $50-60. Therefore, if your employer puts down 80 hours per week at a salary of let\'s say 150,000, the application will be rejected (comes down to $36/h).
To answer your next question: The LC application is sent to your SESA office, but the content (cover letter etc.) should be addressed to the Certifying Officer at the US DOL regional office. The role of SESA in the processing is basically only to check the for wage and completeness of your application. The approval is up to the US DOL.

Helmut.
 
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What survey did you use to evaluate prevailing wages? Is SESA rigid about a particular survey? Helmut please reply.
 
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