NIW and EAD, hadron others help

Hadron:

"Whether you rent 1 office for the entire month or whether you rent use of office space from 3 different entities for 20 days per month "

If i start LLc with one particular office address, and eventually i work at more locations, what needs to be done as far as paper work?

Thanks for your extremely valuable help.
 
You need to put into your business-plan/practice proposal the locations of the offices you are planning to work out of. Make sure they are HPSA and make sure that the letter from the department of health spells out that your practice at A,B,C locations is considered in the public interest.
 
i mean once the paperwork is done and submitted...and i start the practice ...and then if I decide to change/add location - which would be another local address within the HPSA......would that be possible (probably lots of paperwork again) ???

or I have to stick with the locations mentioned in the practice proposal?

i ask this because i plan to share a friend's office located in hpsa to start the practice (which would be the address in my original practice proposal) and then once patient population builds up...to buy/lease an office in the neighborhood (within the same census tract - HPSA)
 
If you change practice locations, I believe you need a new/amended letter from the state health department and possibly an amended I140 (I am not sure about that). If the change is from 200 Doctors Row to 137 Doctors Row, the state is not going to give you a problem.
 
Dear Hadron

if an area is MUA designated but not HPSA ...does it matter as far as eb2 niw application>
Thanks
 
I think the wording in the law is something like: 'an area determined by the secretary of health and human services to have a shortage of health care professionals'. To my knowledge, MUA is fine with the feds.

Again, a lot of this is delegated to the state health department. They have to write you a letter, and they have latitude as to what they consider 'in the public interest'.

As for your issue with changes in practice locations. If you already know an office complex that you are planning to move your practice into once your patient volume ramps up, consider just putting this address into your paperwork up-front, that way you don't have to work on it later on.
 
Thank you for the suggestion Hadron. I 'll be including the intended addresses in the paperwork upfront. Called State DOH ..they are fine with MUA and not HPSA.
 
If you really plan on going ahead with this, consider hiring a practice management consultant (your states AMA branch can give you a list, better is word of mouth).

It'll cost you, but a good consultant can help you to set up the required structures, knows what the local payor mix is (i.e. which HMO panels you have to get onto and how). They also would know what the typical billing scale in the area is (most people just do X% of medicare with X being somewhere between 150-250%). Also, they will know the policies governing issues like sliding scales. This s^@( is complicated and few people have managed to acquire the necessary skills during residency.
 
Thank you so much for your invaluable help Hadron.
Practice managment consultant is a sound advice and I would abide by it once I set up an actual practice.
For now, plan is intended practice upon approval...all I have is a business plan I am working on. I am waiting on the letter from DOH which has been verbally confirmed.
Only important question that remains unanswered is ..will I be stuck in retrogression\> I assume to start up a new practice myself I would need EAD. If I am stuck in retrogression, will I be able to extend H1B? One of the lawyers said yes. Other said no. I dont know. I dont believe lawyers completely. would it be a good idea to ask an immigration officer at uscis>??
 
> will I be stuck in retrogression\

Don't know how that works for the NIWs.

> I assume to start up a new practice myself I would need EAD.

Yes.

> If I am stuck in retrogression, will I be able to extend H1B?

Well, up to the 6 years. But you still need an employer as you can't sponsor yourself for an H1b (I know one guy who bought a practice organized as 'inc' and did his entire waiver essentially self-employed. It did however require a rather complex corporate structure involving trustees to make sure that he didn't show up as owner of the business)

> One of the lawyers said yes. Other said no. I dont know. I dont
> believe lawyers completely.

I don't believe lawyers a thing.

> would it be a good idea to ask an immigration officer at uscis>??

Ask Ms Cleo !

The problem is that everyone at USCIS only knows that little corner of adjudication or processing that he is concerned with. They have little overview of the process as a whole. If you call the customer service line, you are talking to some phone operator bimbo with absolutely no clue about immigration law.
 
hmm..for now all info seems to frame that niw is stuck with the same retrogression as for rest of eb2 class. h1b extension beyond 6 yrs based on 140 approval for eb2-niw can be done as per murthy.
You have an amazing fund of immigration knowledge Hadron. Thanks for sharing it with your fellow physicians to help them fight the immigration battle.
 
Still, I think it is a good idea to assemble the NIW in the way you are working on it. Once the I140 is approved, your clock starts ticking. At that point, you can still decide whether you want to venture into your own practice, or whether you accept employment in a different HPSA/MUA.


If you do the NIW yourself, the expense is nominal. And it is almost allways good to have an approved immigration case sitting somewhere (except of course if you try to get a student or visitors visa). Some of the republicans in congress who derailed last weeks immigration bill are actually on our side here. One of the arguments against it is the very fact that it will allow someone who swam accross the Rio Grande 5 years ago to jump the queue over hundreds of thousands of legal (FB+EB) immigrants who patiently wait in line. There are some smart people in congress and USCIS who are aware of the retrogression issues. They have brought us H1b extensions and concurrent filing. Maybe, they will eventually bring us the ability to file I485s even if there is no current visa number.
 
For eb2-niw based on proposed self employment, what should be filled in the annual income and weekly wages section
thanks
 
I would get a prevailing wage determination and put it in there. I don't think you have to put anything there, but fields left empty can throw their simple minds into disarray (same thing with the ETA750 form. apparently some people get their NIW back because 'it is missing the ETA750 form. it doesn't occur to these bozos that the NIW is a WAIVER of the requirement to file an ETA750).
 
eta...should i mention about eta waiver in cover letter ..or do i need to do anything else?
thanks
 
Someone posted a sample cover letter a little bit further down in the NIW self-help thread. I think the information over there is very helpful, probably more accurate than what I can tell you here.
 
My understanding is that you just fill out an ETA750 but don't get it 'certified' and include it with the package.
 
hi

in form 140> part 1> organization or individual filing this application> IRS tax id/ SSN> In c/o self petition --> individual is filing ...do i have to enter IRS# also OR SSN alone?

What would be an average rough estimate of practcie start-up costs? I hope not to over/undershoot the costs
thanks
 
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