> I am currently doing a fellowship on H1, fellowship completes in
> aug, 2007, my six yrs on H1 complete on Jun 30, 2008.
The conundrum of the 'lucky' person allowed to do his residency on H1b.
> So I know i need to start my LC before JUN 30 2007, which is
> possible, I guess, but in case there is problem with that ,
The LC can be filed the moment you have the requirements stated on the part A of the form ETA 750:
- if it says: 'physician general practice. Must have state medical license and 1 year experience after graduation from medical school.' the prospective employer can file the moment you finished PGY-1.
- if it says: 'attending physician internal medicine. Must be board eligible in internal medicine' the prospective employer can file on the day you graduate from residency.
- if it says: 'interventional cardiologist. Must be board eligible in interventional cardiology and graduate of a fellowship in interventional cardiology' your employer can file once you get out of fellowship.
The likelihood of a LC to get approved without problems increase from #1 to #3. There are not going to be too many cards running around who will try to get your job. But in every state there are a bunch of underemployed internists or unemployed GP's who will respond to the recruitment ads.
> 1. Can I go for a NIW by working in a HPSA?
Yes. The physicians NIW is NOT limited to people with a J1 waiver. There is a difference in how they count the time though. For the J1 waiver doc, the 5 years count from the day you start the waiver job. For the H1b-->NIW doc, the 5 years start to count from the day of approval of the I140 (it is unfair and was subject to a lawsuit against then INS brought by atty Carl Shusterman. For some formal reason the district court threw the lawsuit out :-((
> 2. Is there a time span before which I should file for NIW prior to my
> six yrs of H1 expiring?
You probably would want it to be filed in time for you to get an EAD once you run out of H1b time. I have read conflicting info on how long it takes for the physicians NIW's to get approved. I have read about very fast approvals here (2-3 months). But it might take the standard time for a I140 at your processing center (8-15months). You can however file the I485 concurrently, that way you should get your EAD within 104 days.
> 3. Considering that I would have used 5.2 yrs of my H1 prior to
> starting GC processing through NIW , will I be able to get H1
> extensionstill i get GC?
You can get the h1b extension if your LC or your I140 is pending for more than 1 year. I don't think there is a limit on the number of extensions you can get. It is advisable to have a current H1b so in case the I485 gets denied on some spurious reason, you dont' fall out of status with its dire consequences.
> 4. Working in any HPSA/MUA is eligible for NIW?
It is not only the HPSA/MUA, it is the letter from the state department of health that 'your work is in the public interest' that gives you the NIW. So, if your particular state has rules as to when they give that letter, this is something to keep in mind (some states only give letters for rural census tracts, others want a certain 'deficit' in physician FTE's to give a letter. Some want HPSA, others will accept underserved populations e.g. low income)
