Options for GC

D

docboston

Registered Users (C)
I would really appreciate the input of you guys/gals regarding the best route to take for GC. Here are my facts:
1. Became J1 "Positive" in 1999. (Was young and reckless then and didnt exercise adequate caution!!)
2. Completed residency in 2002 and am in 3rd year of fellowship (Hem/Onc), to be completed in June 2005.
3.Have got a J1 waiver in Tx.( approved by BCIS in Nov 2004). Awaitinng change to H1.
4. Waiver has been approved as a specialist in Hematology/Oncology.
5. Employed is a physician (not an immigrant) who doesnt have any other partners. His other employees are all paramedical personel. Have a gut feeling that I will be expected to work my ass off for him. Havent brought up the issue of GC sponsorship with him yet.
6.Have around 10 publications in peer reviewd journals, all as first author. AM board certified in IM not yet in Hem/Onc.
7. Wifes on a J2. No other relatives in US.

I would really apreciate your input.
 
> Have a gut feeling that I will be expected to work my ass off for
> him. Havent brought up the issue of GC sponsorship with him yet.

Do you want to be tied to him for more than the 3 years ?
Small practices like this have successfully sponsored GC's. Particularly if you are already working there and you are already getting a salary conforming to the LC standards (usually $135k), it shouldn't be a problem from the 'ability to pay' angle at the I140 stage. I don't know about the PERM regs, but for a regular or RIR labor cert the recruitment process is fairly easy to rig. Downside is that you are in TX, a region not exactly known for the expedious processing of labor certs.

> 6.Have around 10 publications in peer reviewd journals, all as first author.

This gives you 1 of 3 neccessary criteria in the 'extraordinary ability' or 1 of 2 in the 'outstanding researcher' category.

> AM board certified in IM not yet in Hem/Onc.

Board certification is considered to be a 'job related qualification commonly expected from a physician' and doesn't count'
Are you a member of a specialty society that takes members by nomination only ?
Are you on any editorial panel ?
Have you been a member of a peer-review or GME comittee during yur residency ?
Can you claim (through respective letters from high-pull faculty) that you made a 'substantial contribution' to your field of research ? (10 case reports wouldn't cut it, 1 paper with 40 citiations might)

-- physicians NIW won't work bc you are a specialist. Unless you fashion it as primary care job, but you don't want to find out after 6 years that CIS has a different opinion.

-- 'plain vanilla NIW'. The specialists I know that managed to get a NIW as specialist physician (independent from the underserved thing) where all employed by university hospitals or somehow university affiliated.

-- go north young man, go north ! Get your GC from a different employer. Some of the large multispecialty practices in the upper midwest are very familiar with GC matters. They might be willing to sign you 18 months in advance so you can start with them 3 years and 1 day after your waiver using either EAD, consular processing or an H1b. You stay with them for a couple of years and then move on to a place of your liking. Also, through the recent changes in the Conrad30 program, there might be more opportunities for hospital based specialists in the framework of these practices. If you found someone who is interested in hiring you, they could take over your waiver sponsorship.
 
Last edited by a moderator:
Thanx Hadron

Really appreciate your input, was thinking along the same lines myself. I havent actually started working in the HPSA so dont know what it will be like, but am willing to stay for 3 years atleast (also, dont have much choice :0)
If I go for the GC through the RIR route with my present employer, I am stuck with him till I get my GC in hand, right? So, if I intend to move to midwest, i should not have my employer file for GC presently? Anything I can do instead to speed up the GC process while I get a midwest group to sponsor me?

One more thing has been bugging me, my employer has ofices at 3 different sites and goes to 3 hospitals. he expects me to see patients in all 3 offices and hospitals, although the state waiver approval letter and my contract just specify one office which is in HPSA CT. I know many J1s probably face the same situation, whats the right way not to run into trouble?
 
> If I go for the GC through the RIR route with my
> present employer, I am stuck with him till I get my GC
> in hand, right?

Actually, if you go for I485 you are stuck for 180 days after filing of I485 and after I140 is approved (AC21 portability rule).
If you go through CP, you have to stick with them for 6mo-1 year after entering on the GC to make CIS believe that you didn't plan to leave them when you got the GC (the whole 'intent' issue).

> So, if I intend to move to midwest, i should not have
> my employer file for GC presently?

You can have as many I140s pending as you please. You can have as many LC's in different companies pending as you please.

> Anything I can do instead to speed up the GC
> process while I get a midwest group to sponsor me?

Changing an I485 from one I140 to another is apparently problematic. So filing something now will not speed you up if you change jobs later.
Getting an I140 approved is the key step. After that you can go for consular processing and forego the whole AOS nonsense.

> expects me to see patients in all 3 offices and
> hospitals, although the state waiver approval letter
> and my contract just specify one office which is in
> HPSA CT.

As long as your employer is willing to fill out the reports to the DOH confirming that you practice in the HPSA you are in the clear, if you p$() him off by jumping ship after 3 years he could give you up to the feds. I would be careful with that. You are expected to practice 36 hours +6 hours of administrative time in the HPSA. The moment you fall below this you are vulnerable against blackmail by your employer. If everything is dandy and he turns out to be an ok boss, this won't be an issue and he will sign whatever he has to keep you. But if he turns out to be one of the J1 slavedrivers, it is a problem (in his angry letter to DOH it is of course not him who forced you to cover the other offices, it is you who wanted to make more money!)
 
Last edited by a moderator:
I have the same delimma.

What if the other sites are not HPSA/MUA?

What if the other sites are in HPSA/MUA?

Thank you...
 
Suppose I file an I-140 based on NIW waiver for physicians
a) how do I convince them that I will be doing IM as well, hence should be eligible?
b) would it be possible even before I start working?
c) Assuming I-140 gets approved, would there be a risk during AOS phase (dont wanna do CP )
d) Any reason why i shouldnt be doing this (asides from the fact that its probably a waste of time). Can it adversely affect LC based I-140 in future?
e) I am sure there must be other specialists who have attempted it by now, it would be great if they could share their expirience.

Hadron, man, I feel like paying you instead of my "official" attorney. Really appreciate your help
 
> a) how do I convince them that I will be doing IM as well, hence should
> be eligible?

The problem is that you need to convince the same people at DOH that you are practicing IM that you convinced that you will be practicing hemonc a month ago.

> b) would it be possible even before I start working?

Yes, you can get an I140 NIW approved before you even start your job. This can be helpful if your wife needs an EAD. (see, on J2 you can work within limits, on H4 you can't).

> c) Assuming I-140 gets approved, would there be a risk during AOS
> phase (dont wanna do CP )

I think most people go the I485 route with the NIW. The risk is to apply the I485 for yourself too early and to be considered not to be in H1b status for your waiver.

> d) Any reason why i shouldnt be doing this (asides from the fact that
> its probably a waste of time). Can it adversely affect LC based I-140
> in future?

In principal you can have as many I140s as you want. Somebody posted here that he got an RFE to proove that he worked 5 years in a HPSA although he had applied through LC in the first place. If I remember it correctly he got his I485 approved without any problems after that mistake was cleared up by the service.
A problem could be if you use the I140 to get an EAD/AP for your wife (if you have one) and later you have to abandon it because you leave the HPSA. At that point you would need to make sure that everyone who has a derivative status based on this I140NIW is taken care of otherwise.

> e) I am sure there must be other specialists who have attempted it
> by now, it would be great if they could share their expirience.

No experience with that particular situation. I just know the scenario with the 'plain vanilla NIW' for specialists.



> Hadron, man, I feel like paying you instead of my "official" attorney.

LoL. If I could charge $5 for every email or post I would be making a handsome income on the side.

If you think that my blabbering here is worth as much as 1/2 hour of your attorneys time, here is what you can do. Figure out his rate for 1/2 hour (X) and do the following:


- Go to a friend who is a US citizen or permanent resident
- have them take out their checkbook
- write on a check:
1st line: Friends of Kent Conrad $'X'
2nd line: 'X'
3rd line: Senate Campaign 2006 *their signature*
- write a note with their name, address, employer and nationality or immigration status
- put both in an envelope with a 37c stamp
- mail to:
Friends of Kent Conrad
Attn: Pat Ness, Treasurer
P.O. Box 812
Bismarck, ND 58502


Without Kent Conrad in the Senate we are all dead in the water. He is up for re-election. My wife met him last week, I had her give him my warmest regards and told him that I would be glad to put 10k towards his campaign fund if the US laws would allow me to.
 
Last edited by a moderator:
You must log in or register to reply here.
Top