residency in H1; significant research background; what steps to GC?

A

AGM6

Registered Users (C)
HI,
I would like to ask you for your advice how to go about getting a permanent resident status in the US after finishing residency in NYC.

Short background: I am from Germany where I got my MD, and later PhD; I did research at Harvard for several years, as PhD student and postdoc, resulting in multiple first author publications. I used 18 months of my H1B time as a postdoc, and now I am doing my PGY1 Medicine year on H1B; I will start in July my specialty residency training at a prestigous University Hospital in NYC. At that point I will have 3 years and 8 months left on my H1B before reaching the 6 year mark.
Thus, I could finish the 3-year residency program before hitting the 6 year mark. However, the program is encouraging me to do an academic-track residency that is four years in duration (thus I would go beyond the 6 year limit).
My aim is to be able to practice medicine in NYC after residency, but in an academic Center, since I would like to stay in academic medicine and continue research as faculty.

What are the best ways to go about the permanent residency status?
Can I apply for GC during residency? I guess I could ask my program to sponsor my GC since they encourage me to do the academic-track residency. Or should I apply for an EB visa?

If everything fails, would you recommend to just do the regular 3 years of residency and then start work as a postdoc (9 months will be lleft on the 6 year mark then), and file for a GC as a researcher?

Thanks in advance!
Gobi
 
Ok,

First of all, you are probably in a better position than many. Here are my 5 cents on your situation:

- consider filing for an O1 visa in addition to your H1b. If your O1 petition goes through, you can switch to that and save H1b time. Also, it is a good trial run for something like a EB-1 EA petition.

For your GC, you have the following research based options:

- have a university file an EB-1 'outstanding researcher' petition for you. From you background, it sounds like you might have a very good shot at that. ('permanent' job offer from university + publications + membership in prestigious professional societies + reviewer work)

- file an EB-1 'extraordinary ability' petition yourself. Higher criteria than 'OR', you need 3/10 criteria instead of 2/10. Also, self-petitioned EA cases undergo more scrutiny than university filed cases. If you can rustle up a couple of prestigious people in your research field from around the world who are willing to write that you are in the top 1% of the people in the field, you have a chance.

- file an 'non-physicians' EB-2 'national interest waiver'. You have to proove that 1. your work has intrinsic merit 2. is national in scope 3. the national interest would be contradicted if you were forced to obtain labor certification.

- have a university file a labor certification for you and immigrate in the EB-2 category like any other professional.


(don't paint yourself into a corner by insisting to stay in NY. In order to get a medical license in NY you need to have a GC. Also, immigration is generally easier outside of the major cities, especially NYC. A 1-2 year stint at a university in the midwest can get you the GC, after that you are free to go wherever you care.)
 
me too in similar situation.i am in my 1st yr of residency.my h-1 expires injuly2008.i just will be able to manage to complete my residency.is it possible for me to apply for g.c in my 2nd year,which starts this june.any states that give liscence after 1 yr for fmg's?iam not an out standing researcher.
 
H1B visa and residency; swith to GC

Dear Hadron:
thanks for your advice.
Some questions regarding your tips:

You menetion to file for several deifferent petitions. Is that possible? I thought I can only file for one option?

- consider filing for an O1 visa in addition to your H1b. If your O1 petition goes through, you can switch to that and save H1b time. Also, it is a good trial run for something like a EB-1 EA petition.

Question: So I could swith back to H1B after the O visa expires? Can I be on an O visa while being in clinical training?




For your GC, you have the following research based options:

- have a university file an EB-1 'outstanding researcher' petition for you. From you background, it sounds like you might have a very good shot at that. ('permanent' job offer from university + publications + membership in prestigious professional societies + reviewer work)

Question:
Ideally, I would like my University to "sponsor" me. However, I will be in a residency position while I am applying, which is not a permanent position. Even if a University wants to keep you as faculty, e.g. assistant professor or instructor, these would be in the first years non-tenure track positions and thus not a permanent position.
In this situation, what can I ask my University to do for me? Is there any option to get a permanent resident status sponsored by a University while being in a residency program?


- file an EB-1 'extraordinary ability' petition yourself. Higher criteria than 'OR', you need 3/10 criteria instead of 2/10. Also, self-petitioned EA cases undergo more scrutiny than university filed cases. If you can rustle up a couple of prestigious people in your research field from around the world who are willing to write that you are in the top 1% of the people in the field, you have a chance.

Question: Would that be an easier option for my position as a resident in an academic-track residency program? Or does this also require a job offer for a "permanent" position?

- file an 'non-physicians' EB-2 'national interest waiver'. You have to proove that 1. your work has intrinsic merit 2. is national in scope 3. the national interest would be contradicted if you were forced to obtain labor certification.

Question: Would that force me to work in an underserved region?

- have a university file a labor certification for you and immigrate in the EB-2 category like any other professional.

Question: Can you tell me about the advantages and disadvantages of this compared to the above mentioned options for me at my current situation?

I am also wondering, if a University sponsors my permanent resident status, how long would I need to stay with them after getting the GC?

One more question:
Would things be easier if I just do 3 years of residency and finish my clinical training while being in H1B status, and then start a research position (postdoc) and apply from that position as a researcher for a permanent residency status? I would have only 9 months left on my H1B at the end of my residency. I heard somewhere that I need to applu for a GC at least 1 year beofre my H1B visa expires?


(don't paint yourself into a corner by insisting to stay in NY. In order to get a medical license in NY you need to have a GC. Also, immigration is generally easier outside of the major cities, especially NYC. A 1-2 year stint at a university in the midwest can get you the GC, after that you are free to go wherever you care.)


Thanks!
Gobi
 
> You menetion to file for several deifferent petitions. Is that possible?
> I thought I can only file for one option?

You can be on a H1b and file for an O1 (I129). Once your O1 petition is approved you file a change of status request. If it doesn't get approved, no harm done.
Same with immigration petitions (I140). You can file multiple I140s. The filing fee is actually quite reasonable (somewhere in the $200 range). If one or more get approved, you can file a I485 adjustment of status request.

> So I could swith back to H1B after the O visa expires? Can I be on
> an O visa while being in clinical training?

I know someone who had 2 papers and 1 year of pre-residency research experience. He did his residency on O1 and obtained his green-card during the last year of residency.

> In this situation, what can I ask my University to do for me? Is there
> any option to get a permanent resident status sponsored by a
> University while being in a residency program?

Sponsorship is for a future position. Unlike in the labor certification process where you have to have the qualifications on the day of filing, the research based petitions are based on your general ability to perform a particular job in the future (e.g. your track record, your experience in certain techniques etc).

> Would that be an easier option for my position as a resident in an
> academic-track residency program? Or does this also require a job
> offer for a "permanent" position?

EB-1 'extraordinary ability' and EB-2 'national interest waiver' are the only employment based petitions that don't require a job offer or a sponsoring employer. They are 'look at mee I am a genious' type petitions. Also, you can choose to work any job in the field that you applied for without being tied to a particular employer or university.

> Would that force me to work in an underserved region?

No. Only the 'physician in underserved areas NIW' requires 5 years of work in a underserved area.
I am talking about a 'NY state department of transportation vs. INS' type national interest waiver. Anyone working in a profession can file that.

> Can you tell me about the advantages and disadvantages of this
> compared to the above mentioned options for me at my current situation?

Labor Cert:
+++ 100% success if filed from a large organization and if done by a knowledgeable immigration attorney
--- 3 step process (labor cert, I140, I485) vs only 2 steps (I140,I485) in the self petitions or 'outstanding researcher' path.

Also, universities tend to be big buerocratic institutions driven by evil attorneys. Sometimes they balk at the idea of writing a letter that says 'we couldn't find an amarican fulfilling the minimal qualifications'. (there is a 'special handlin labor cert' for professors. but this requires a competitive selection process such as a search committee)

> I am also wondering, if a University sponsors my permanent resident
> status, how long would I need to stay with them after getting the GC?

Rule of thumb 6 months. (no firm rules on this, just some old precedent decisions from the office of immigration appeals)


> and then start a research position (postdoc) and apply from that
> position as a researcher for a permanent residency status?

It can take 2-3 years to go from A-Z with a green card. You want to get started early. Often, universities have rules like 'we only sponsor people who have been promoted once (e.g. lecturer-->assistant professor).

> I would have only 9 months left on my H1B at the end of my residency.
> I heard somewhere that I need to applu for a GC at least 1 year beofre
> my H1B visa expires?

It would be hard to get a position in anything if you only have 9 months. You better get some GC petitions cooking well before you finish residency.

Oh, by the way. Being from germany, you might be better off using 'consular processing' for your green-card. The step after the I140 is approved can be done IN the US (adjustment of status, I485) or in your home country (consular processing, immigrant visa). For people from china who have to wait years for a immigrant visa interview, consular processing is out of the question. In germany, you can go from an approved I140 to an immigrant visa within a couple of months.
 
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