Please clarify my options for GC

R

rasdocus

New Member
I recently found this website and impressed with very knowledgeble and generous (with their time) members. Could u please take time to clarify my options?
I am on H1b visa in fourth year in private practice and have filed my labor for primary care job which i dont like a bit.I have an offer for two year critical care fellowship starting july 2005 which will also enable me to stay with my wife who is also on fourth year of H4(3)/H1(first year). I have a strong desire to quit the present job and go for the two year fellowship and thereby will be finishing it with the completion of my H1 period.
At present I feel that I have foll options but i am largely ignorant about immigration
1. One of my past residency faculty in NY has offerd me a job in the subspecaility. Can I get a contract from him for an 'internist in ICU position' for which iam presently qualified and file labor and join him after the fellowship and do the job till i get my green card. Since Ny city does not give license to people without greencard it might make it difficult but the hospital in one of the underserved area which might allow me to get limited permit
2. Go to canada for additional fellowship for a year and come back on h1 with 6 yrs . I dont know how difficult to get this
3. Try for EB1 with quiet afew publications but largely in the form of case reports which quiet frankly seem unlikely given the discussion in other threads
4. Last option to go back to India if possible with a job contract advanced by one year and come back on h1 but face the hassles of US embassy in india
5.Change to J1 for another supplemental fellowship if i get one
Any responses will be greatly appreciated
 
How optimistic are you that you can get a H1 for your fellowship ?

> 1. One of my past residency faculty in NY has offerd me a job
> in the subspecaility. Can I get a contract from him for an
> 'internist in ICU position'

I believe so. The problem will be if he files the labor cert before you start your fellowship that the job requirements will have to be pretty lenient. Something like 'board certified in internal medicine and 3 years of experience'. Still, NY is brimming with physicians and you would have to deal with the fact that there will be actual applicants for your job (different from let's say Minot, ND). But most of the people really looking for a job are pretty good in spotting the bogus LC related job ads (the ones containing the words 'job duties ')

> for which iam presently qualified and file labor and join him after
> the fellowship and do the job till i get my green card.

You might be able to get your GC during fellowship, you might have to go for consular processing though.

> Since Ny city does not give license to people without greencard
> it might make it difficult but the hospital in one of the underserved
> area which might allow me to get limited permit

I am not sure about this, but I believe there are a couple of more restrictions on that limited license (e.g. sponsored J1 waiver job), but I don't know the details.

> 2. Go to canada for additional fellowship for a year and come back
> on h1 with 6 yrs . I dont know how difficult to get this

It would involve quite some paperwork.
Alternatively you could go to BC or Alberta and work as a locums doc for a year. The guys in BC are apparently pretty helpful in getting a temporary license and work visa. Not as interesting as a fellowship at one of their top institutions, but at least you would make decent if not great money.

> 3. Try for EB1 with quiet afew publications but largely in the form of
> case reports which quiet frankly seem unlikely given the discussion in
> other threads

Long shot, but what do you have to loose if you write it up yourself. A better option might be an NIW sponsored by the hospital in NY that is offering you a job (not based on the underserved issue, rather on the fact that you can walk on water and are the only hope to lift this blighted hospital out of their slow path to obsolence)

> 4. Last option to go back to India if possible with a job contract advanced
> by one year and come back on h1 but face the hassles of US embassy
> in india

Can't say anything about the US embassy in india, but I know a number of people who went to their homecoutries to sit out J1 home residency requirements. None of them had problems to continue where they left of here in the US.

> 5.Change to J1 for another supplemental fellowship if i get one

STOP, DROP THAT PEN, STEP AWAY FROM THE TABLE, DO NOT SIGN THAT VISA APPLICATION. HAVE YOUR HEAD EXAMINED BY A KNOWLEDGEABLE SHRINK.

Why would you want to do that. You are in a very good position to get your GC within the next 2-3 years right now. A J1 would lock you out from anything you have achieved so far for another 4-5 years.



Any responses will be greatly appreciated
 
h1, fellowship, GC options .....

completely agree with hadron.

1. One of my past residency faculty in NY has offerd me a job in the subspecaility. Can I get a contract from him for an 'internist in ICU position'

hadron >> I believe so. The problem will be -
*** if he files the labor cert before you start your fellowship that the job requirements will have to be pretty lenient. Something like 'board certified in internal medicine and 3 years of experience'. Still, NY is brimming with physicians and ..... there will be actual applicants for your job (different from let's say Minot, ND).

J1victim >> Yes. there will be many real applicants, and your employer will have hard time explaining to DOL, in writing, why he/she did not take those eligible US citizens or green cards. I have seen it happen and the employer just chickened out at the last moment.

another problem that will come >> u r in 4th year of H1 now. if you join fellowship in 2005, by the time u finish in 2007, you would have used all 6 years of H1. How will you get extension of your H1?
note that >> to get H1 extension, u need a pending labor cert or pending I-140 for atleast 1 year.

If your employer advertises as "an internist job" --- you will have so many jumping to take the offer.
if your employer advertises as an ICU fellowship trained physician --- you will not have a Labor cert or I-140 pending for 1 year so u can get H1 extension in 2007.

2. Can I get a contract ..... for which i am presently qualified and file labor and join him after the fellowship and do the job till i get my green card.

hadron >> You might be able to get your GC during fellowship, you might have to go for consular processing though.

J1victim >> again right. see also the explanation above to no 1.
Remember, you have to show ur intent to stay with sponsoring employer for a reasonable period of time AFTER getting ur GC.

3. Since Ny city does not give license to people without greencard it might make it difficult but the hospital in one of the underserved area which might allow me to get limited permit.

hadron >> I am not sure about this, but I believe there are a couple of more restrictions on that limited license (e.g. sponsored J1 waiver job), but I don't know the details.

J1victim >> No restrictions. u just need a job in underserved area.

4. Go to canada for additional fellowship for a year and come back on h1 with 6 yrs . I dont know how difficult to get this.

hadron >> It would involve quite some paperwork. Alternatively you could go to BC or Alberta and work as a locums doc for a year. The guys in BC are apparently pretty helpful in getting a temporary license and work visa. Not as interesting as a fellowship at one of their top institutions, but at least you would make decent if not great money.

J1victim >> both (fellowship in canada or job in BC/alberta) can be good options if u r not interested in return to ur home country. In fact, i know a person who did his residency and cardiology fellowship, went for another fellowship in canada, filed for his GC th' EB1, and came back to US on GC.

5. Try for EB1 with quiet afew publications but largely in the form of case reports which quiet frankly seem unlikely given the discussion in other threads.

hadron >> Long shot, but what do you have to loose if you write it up yourself. A better option might be an NIW sponsored by the hospital in NY that is offering you a job (not based on the underserved issue, rather on the fact that you can walk on water and are the only hope to lift this blighted hospital out of their slow path to obsolence)

j1victim >> can try, not very hopeful. but don't throw away this option.

6. Last option to go back to India if possible with a job contract advanced by one year and come back on h1 but face the hassles of US embassy in india.

hadron >> Can't say anything about the US embassy in india, but I know a number of people who went to their homecoutries to sit out J1 home residency requirements. None of them had problems to continue where they left of here in the US.

j1victim >> right. haven't heard of any problems with people who did this.

7. Change to J1 for another supplemental fellowship if i get one ....

hadron >> STOP, DROP THAT PEN, STEP AWAY FROM THE TABLE, DO NOT SIGN THAT VISA APPLICATION. HAVE YOUR HEAD EXAMINED BY A KNOWLEDGEABLE SHRINK.

j1victim >> agreed completely. :D :D :D

8. hadron >>Why would you want to do that. You are in a very good position to get your GC within the next 2-3 years right now. A J1 would lock you out from anything you have achieved so far for another 4-5 years.

J1victim >> Right. if i were you, I would forget about the fellowship in 2005, and get my GC first.
.
 
i have additional queries please

Thanks for your helpful answers
1. Can we make the requirements for ' Internist in ICU' position more stringent to suit my qualifications such as board certified with IM with extensive experience in radiology(that I have in my home country) to read films in ICU.
2. If a labor certification is filed for a future employment, does the employer have to specify the date for employment starting july 2007( when my H1 expires) and do I have to get green card by then or i can extend my hi based on the the fact that labor has been filed more than 1 year.
3. For RIR labor how does the DOL come to know of the responses that the employer recieved for the job ads. Iam just curious
 
> stringent to suit my qualifications such as board certified with IM with
> extensive experience in radiology(that I have in my home country)
> to read films in ICU.

Anytime you specify 'restrictive job requirements' like e.g. beeing fluent in Farsi for a job, it doesn't qualify for 'limited review' and similar shortcuts. By putting too much into the requirements you might shoot yourself in the foot.

> 2. If a labor certification is filed for a future employment, does
> the employer have to specify the date for employment starting july

I think the date is always ASAP. After all you are telling them that you did'nt succeed in hiring somebody for 6months now.

> and do I have to get green card by then or i can extend my hi based on
> the the fact that labor has been filed more than 1 year.

LC or I140 >1 year is all you need. Btw. I believe you have an LC pending from your current job. You could use this for the extension.

> 3. For RIR labor how does the DOL come to know of the responses that
> the employer recieved for the job ads. Iam just curious

By one of the people your employer turned down writing a complaint to DOL (as an 'aggrieved party'). Also, denying that there were applicants means lying to the goverment, something employers try to avoid.

Think about sticking with your miserable primary care job for another year or two until your GC is through, in the long run that might be the more solid option.
 
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