Please Advise-NIW or OR

N

Natin

Registered Users (C)
Hello to all the experienced and successful Immigrants out there.
I need your advise on my situation.
Iam a physician doing my fellowship in Hematology/Oncology, completing my fifth year of H-1B(never been on J-1) this August 31st 2002.Iam I have a job offer from the University,actively engaged in Cancer research,have many abstracts,three publications to be published,a national award and a modest grant money for research from the National Cancer Society.
Iam pusrsuing the NIW as per the advice of an attorney.
I need your advise regarding:
1)Is my case good for an NIW
2)Should I also pursue the OR as suggested by other attorneys
3)Do I have enough time on my H-1B to go through the whole process or do I have to think of other visa like O-1.
All replies will be appreciated
 
Originally posted by Natin
Hello to all the experienced and successful Immigrants out there.
I need your advise on my situation.
Iam a physician doing my fellowship in Hematology/Oncology, completing my fifth year of H-1B(never been on J-1) this August 31st 2002.Iam I have a job offer from the University,actively engaged in Cancer research,have many abstracts,three publications to be published,a national award and a modest grant money for research from the National Cancer Society.
Iam pusrsuing the NIW as per the advice of an attorney.
I need your advise regarding:
1)Is my case good for an NIW
2)Should I also pursue the OR as suggested by other attorneys
3)Do I have enough time on my H-1B to go through the whole process or do I have to think of other visa like O-1.
All replies will be appreciated
Click to expand...

1) Impossible to tell without all the facts. Note that "to be published" is not "published". Cancer research is always a good NIW start, however your letters will clinch the case.

2) If you are doing OR, why do NIW which is more difficult?

3) You basically have 2 more years left if you can get the I-140 filed before your 6th year is up (i.e. get an extra year on H1B). That gives you 2 years to get I-140 approved and do CP or AOS/EAD. An AOS will probably not approved within 2 years, so you will need the EAD. Two years sounds like a lot of time but it really isn't. Get that I-140 filed ASAP.

Brian

Brian.
 
You can apply NIW, OR or other categories to increase the chance. If any one is approved, you will be waiting for green card.
 
Natin

You must in your own interets apply for OR (or EA which ever applicable) AND NIW. DOnt put all you eggs in the same basket. INS can change the rules and/or requirements on any category at any time - plus given somewhat erratic trends what is "easy" now could get tough around the time of your petition is being adjudicated (ie NIW after NYSDOT!!). If you get the gist, apply for both categories (EB-1 and EB-2) ASAP. Also if you are done with your fellowship and would be taking up a job at the end of your 6 your H1-b - would be worth exploring now even if you would be eligible for an extension or not? (I am not sure as I think the one year extension is given only if you are working/training with your prior employer - do check up on that now ---and have all your ducks lined up NOW). 2 years sounds a lot - but in a busy fellowship it will be over before you know.

BTW, if you do apply for EB-2(NIW) - understand that there are 2 subcategories (one for "underserved area" and the other is NIW - based on exceptional ability ---which is different than EB-1 exceptional ability - so apply for the applicable NIW subcategory ---usually it is the J-1 candidates who I believe have to go for the NIW-underserved, whereas in your case (with no J-1 crap) --you should be able to apply for NIW on the basis of exceptional ability.
 
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NIW in underserved area

would be for J1 people or even for you because essentially you are applying for job offer waiver. right now..you are doing fellowship after residency hence, niw might not be the category as you are not involved in doing something for the "national interest". a similar thing would hold true for theEB1-EA because to be truthful, residency and fellowship after that does not give one that ability. One might be eligible for O1 visa. also for the EB1 and Niw, there mut be past tangible benefit and impact in the field. Which is hard to get in medical residency. So might be worthwhile to go into underserved area later on and apply for NIW. you wont have the 3 yr requirement because you dont have the J1. Check though if heme-onc is a waiver category or not or you might end up doing IM.


Disclaimer: Personal opinion.Should not be considered legal and validity should be checked independently.
 
Try EB-1/NIW

A lot depends on the research you have done and also the letters you can get from the folks in the field. I would advise that you should confer with a lawyer and proceed from there.
Currently Heme-Onc is one of the specialties in demand.

Do not consider going for a underserved area. You will still need to work on a H-1 there !
 
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