NIW-EB2 physician 5 year discrepency

N

niwvictim

New Member
Dear Hardon, J1vctim, and Mr. Rajiv Khanna

I need yours professional advice
As my login ID says, one of the same repetitive story on this forum "employer visa/sponsorship victim" I do have a Immigration Attorney which will not advise me further if I moves out of employment contract as he represent both parties but does says that your NIW will be unaffected as long as u stay in same area will need a little addendum for your new pratice/employment.
Never was on J-1 Visa, started employment as a Internist June 2002 , not knowing the area as HPSA In Indiana State, extended my last 3 years H1b June 2002-05, filed Labor-RIR oct 2002 from the most worst backlog Indiana state, still unfortunately pending at Dallas BEC despite a senator inquiry(donot want to file PERM to keep my oct 2002 PD and just extednded 7th year H1B(6/05-6/06 based on labor> 365 pending).
Guys I also filed concurrent NIW-I-140/485 with RD Nov 2003, so bad luck that it is pending for last 21 months@ nebraska(standred adjudication is < 6 months) till I contacted Senator, and Nebraska issue a RFE on it 2 months ago( stupid RFE of documents they already have, attorney office sent them again june 2,2005).
My employer is very abusive had multiple breaches of contracts, also things done in the office and billing and testing are not very ethical. I do have a no compete cluase in contact( 3years/25miles). Reviewed with 2 trial attorneys told me that it will be most likely invalidated by court but no gaurantees, reasons are breach in contact by other party (like simple no payroll on time, he holds approx 20k in salaries so far since last 6 months, second is Non covenant cluase is usually not validated in HPSA because its against public interest, not just for employer bussiness interest for a Physician to leave the serving underserve county.
Any way from totally immigration illeterate when I accepted the employement more then 3 years ago in a underserve area not knowing what it means to us when we decide to work for those private employers of single person companies, to currently a Immigration Guru, I still do need professional advise from all u guys.
I can easily split out my 3 years old pratice, I am sure county hospital will be supportive of me, if all have to service underserve county for 23 more months. But the problem is my NIW-I-140 is still pending with stupid RFE on it( please note its a self petetion but do have supporting document of employment contract and job location as his pratice which will require a addendum)
Now this is where I need help
Even if it gets I-140 approved, according to current regulation I have serve to 5 years after its approved for always beign on H visa
This is the area where there is big descrepency by INS for no reason.
I am working in HPSA since June 23 2002, full time more then 40 hrs/week, have patients sign sheet/schedule of each single working day, all the paystubs, and ontop of that I will not qualify to even apply for NIW I-140 petetion if I am not in HPSA( then why all that time is not credeted to my service), so anyway when I filed NIW-I-140 RD nov 7,2003, pending till todate( 20 months) what that time frame for my service is accounted for. No credit???? Am I still at stage Zero. Its very scary guys.
Being a sufferer I closely read the regulations and NIW physician lawsuit by www.shusterman.com, If I opted to filed a lawsuit for those irregularities will any professional attorney will take my case, what are the chances it will be decided in my favour, meaning have to serve only remaining 22 months rather then 5 more years.
Please advise me.
Thanks for reading.
 
NIW-EB2 physician 5 year discrepency for H1

I do have a Immigration Attorney which will not advise me further if I moves out of employment contract as he represent both parties but does says that your NIW will be unaffected as long as u stay in same area will need a little addendum for your new pratice/employment.

>>>> NIW for Physicians in HPSA/MUA/VA is not affected if you keep working in HPSA/MUA (even if in different areas). however you have to file a new I-140 each time you will change your job. key is: keep working in HPSA.

Never was on J-1 Visa, started employment as a Internist June 2002 ,
>>>> i think you joined the position in 2002 that my friend had quit. it was a bad job as per him. my wishes for you.


not knowing the area as HPSA In Indiana State, extended my last 3 years H1b June 2002-05, filed Labor-RIR oct 2002 from the most worst backlog Indiana state, still unfortunately pending at Dallas BEC despite a senator inquiry(donot want to file PERM to keep my oct 2002 PD and just extednded 7th year H1B(6/05-6/06 based on labor> 365 pending).
>>>>>I would file a PERM also. and keep the other LC also. these 2 are separate processes and one can keep both of them. old pending LC will get H1 extensions (and if it gets approved, will get your an early Priority date, that will be VERY crucial AFTER Aug 1, 2005 when the EB2 category backlogs).
i would keep BOTH processes alive until i get my GC. with the coming retrogression of EB2 category, you don't know which process would happen first. it's only a matter of 2k-3k to file your new PERM.


Guys I also filed concurrent NIW-I-140/485 with RD Nov 2003, so bad luck that it is pending for last 21 months@ nebraska(standred adjudication is < 6 months) till I contacted Senator, and Nebraska issue a RFE on it 2 months ago( stupid RFE of documents they already have, attorney office sent them again june 2,2005).
>>>> bad luck there.


My employer is very abusive had multiple breaches of contracts, also things done in the office and billing and testing are not very ethical. I do have a no compete cluase in contact( 3years/25miles). Reviewed with 2 trial attorneys told me that it will be most likely invalidated by court but no gaurantees, reasons are breach in contact by other party (like simple no payroll on time, he holds approx 20k in salaries so far since last 6 months, second is Non covenant cluase is usually not validated in HPSA because its against public interest, not just for employer bussiness interest for a Physician to leave the serving underserve county.
Any way from totally immigration illeterate when I accepted the employement more then 3 years ago in a underserve area not knowing what it means to us when we decide to work for those private employers of single person companies,
>>>>not an uncommon scene in a J1 waiver job.


But the problem is my NIW-I-140 is still pending with stupid RFE on it( please note its a self petetion but do have supporting document of employment contract and job location as his pratice which will require a addendum)
Now this is where I need help
Even if it gets I-140 approved, according to current regulation I have serve to 5 years after its approved for always beign on H visa
>>>> Yes, u r right.


This is the area where there is big descrepency by INS for no reason.
I am working in HPSA since June 23 2002, full time more then 40 hrs/week, have patients sign sheet/schedule of each single working day, all the paystubs, and ontop of that I will not qualify to even apply for NIW I-140 petetion if I am not in HPSA( then why all that time is not credeted to my service), so anyway when I filed NIW-I-140 RD nov 7,2003, pending till todate( 20 months) what that time frame for my service is accounted for. No credit???? Am I still at stage Zero. Its very scary guys.
>>>>> it is scary. With USCIS, you never know. they have their own interpretation of things.


Being a sufferer I closely read the regulations and NIW physician lawsuit by www.shusterman.com, If I opted to filed a lawsuit for those irregularities will any professional attorney will take my case, what are the chances it will be decided in my favour, meaning have to serve only remaining 22 months rather then 5 more years.
>>>> you are asking for answer to a question that nobody has answer to. Even Shusterman's lawsuit was dismissed by the court and this issue was undecided (counting the time of H1B NIW from the date of start of job, not from the date of I-140 approval). i believe that dismissal was appealed and is still pending.

In my opinion, you have a strong case, I would join that lawsuit.

in the end, it is a question of spending $$$$$$$ for a cause that you don't know will succeed or not.
Good luck! my wishes with you..
 
My 5 cents:

- your NIW application is so far pretty worthless except for the priority date. If you were an ex J1 it would be different, but as an H1b they will only start counting after the I140 approval.

- consider going to a different state. Look for a job with a large multispecialty group in the upper midwest, close to the canadian border. They are familiar with the process of hiring non-citizen docs and can file a new LC for you. Also, in this type of practice you are less likely to be confronted with the type of exploitatory labor relationships so common in small underserved community practices.

- consider going to a different state or location and to file a new NIW for that location. The NIW doesn't have to be filed with an employment contract. A business plan on how you intend to establish your practice is sufficient. You don't strike me as the person who would go out and put up his shingle by himself, but it is an alternative.

- as far as I know, you can't file a PERM application for the same job that you already have a regular or RiR LC pending. And why would you want to stick with this slavedriver employer anyway.

- you mentioned that you have a good relationship with the county hospital. Talk to the CEO that you are interested to establish your own practice and that you are looking for help from the hospital for this (hospitals e.g. can ensure a constant 'cash flow' for the first year or two of a practice in exchange for a committment to stay for another 2 years in the community. they can also help with rental space and marketing)

- don't bank on fixing this problem with a lawsuit. I don't recall why shustermans suit was thrown out, but suing the goverment to get an individual benefit is a long shot on a good day.

I am sorry to hear about your plight. More commonly this s#*$ happens to J1 docs, it is worrisome that it also happens to H1bs.
 
You must log in or register to reply here.
Top