Options for physicians after 6 yrs on H1

[imgdoc]

Hi Everyone,
There are an increasing number of residents on H1 now opting to do a 3 year fellowship thereby consuming all 6 years of their H1. This gives no time to start a regular job and apply for GC through labor certification. In this scenario, there are 3 options:

1) Green card via LC: Is it possible to get a job while in your 2nd year of fellowship (5th year of H1) and file for a labor certification through the prospective employer? Are there physicians who are willing to do this and has it worked for anybody?

2) Self sponsored green card through the EB-1 (Research) category. How hard is this and how many publications are usually required? What is the likely success rate? How long does this take and can one continue to work beyond six years when this is in process?

3) Through NIW by working in an underserved area. This will force us to work in a setting which we dont like and for a lesser pay for 5 years. Are these jobs open for all specialities and subspecialities?

Please share your thoughts.
Thanks
IMGDOC

 

[ravisant]

re gc options

Your best bet is to file NIW based on work in underserved area. Remember that the process of getting a green card through employment is getting tougher and more tedious day by day. And if your primary goal is to settle down in the USA you have to bite the bullet of a NIW.

Also there are other ways of getting a green card too- like marriage or investment. Have you explored these avenues?
A NIW through research places a big burden of proof on the petitioner and the success rate of such petitions is very low. Most attorneys will be able to advise you of the possibility of a EB 1 based petition- which is not advisable to most cases.

I hope this clarifies your query. I had the same dreams as you but US immigration deems otherwise. Life is not bad though!!Good luck

 

[imgdoc]

Thanks Ravisant. Why is getting a green card through employment getting tougher? Is it difficult to get a sponsoring employer or is it that the process itself is difficult?
Thanks
imgdoc

 

[ravisant]

re gc options

The chances of finding a sponsoring employer is bad. Most American employers shy away when you say you are on a visa- because a lot of them don't know the difference between a J and a H visa and they dont care to know either. So it is really hard to get them interested in your case. In fact most US grads think that all visa applicants need to work in underserved areas for a green card.
The only ones in these cases that would empathise with you is other established IMG doctors. Some of them do understand what is going on and help you out!! So your best bet for a job is to get in touch with people from the same country as you are or at least an IMG- your chances would be better then.
Also as an addendum to my previous reply, you cannot join a fellowship on a h1. They cannot sponsor you for a H1. So the options for a greencard through employment is mainly through work for a sponsoring employer/ underserved areas.
One way to start looking would be to find out what are the underserved areas and then any jobs available in them. Also helpful would be to join organisations like the AAPI ( Association of Physicians of Indian Origin) or any other ethnic physicians org. you may claim affliation to.
It is never too early to start looking- preferably in the second residency year!! Remember, most Americans and the INS could care less if you did not get a job!! So it is time to contact people of your own ethnic group first that might help out than contacting people through journal ads.
I am telling you this from personal experience, IMGs get only the left overs!!
Hope this clarifies your doubts.