Residency time for MUA/HPSA service time
- Thread starter sert
- Start date
If you look back a year or so, there was someone who insisted that that was the case, but I highly doubt it.
The concept is that while you are doing your residency, you are in J1 status. In order to obtain a waiver from the HRR attached to this J1, you need to proove that you spent 3 years in H1b status in a MUA/HPSA.
In order to change from J1 to H1b, you need to get a recommendation for a waiver through the DOS waiver review division, which in turn needs the recommendation from the VA/state DPH/HHS/ARC/DRA. Now, I don't think any of these agencies will recommend a waiver for you if you are still in residency and not in independent practice, but I might be wrong.
The concept is that while you are doing your residency, you are in J1 status. In order to obtain a waiver from the HRR attached to this J1, you need to proove that you spent 3 years in H1b status in a MUA/HPSA.
In order to change from J1 to H1b, you need to get a recommendation for a waiver through the DOS waiver review division, which in turn needs the recommendation from the VA/state DPH/HHS/ARC/DRA. Now, I don't think any of these agencies will recommend a waiver for you if you are still in residency and not in independent practice, but I might be wrong.
resideincy time for NIW
you posted this message at 11.20am. then after 15 hours you post another message. Easy!!! most of the ppl on this board work in actual jobs.
as for ur Qs:
* If it is possible can I have my program to sponsor me for LC/GC at the end of three years?
>>> Yes. they can sponsor you for LC/GC even before end of your residency, as soon as you become eligible for your state license. depends on their willigness.
* Is it possible to have your residency years to be counted as or towards your waiver requirement of 3 year HPSA/MUS service, if your residency was in a HPSA area. If no, why not?
>>> Yes, it is possible to count residency in HPSA/MUA towards NIW 5 years.
BUT, problem: you need a letter from the State Dept of Health to say that your aforementioned work (residency in HPSA/MUA) was in public interest. Now, many state DOH are NOT willing to give this letter for residency. If you can get one, you are lucky.
>>>>>>> (correction, Feb 24, 2005: my mistake here.
The period of residency on J1 in HPSA/MUA can NOT be counted towards 3 years of waiver. There is a CLEAR RULE by USCIS on this.
What I was referring to was: if you do Residency on H1 in HPSA/MUA, then your residency MAY BE counted towards the 3 years of NIW if you can manage to get the public interest letter.
once again: my apologies for the wrong info)
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take a chill pill sert!sert said:
you posted this message at 11.20am. then after 15 hours you post another message. Easy!!! most of the ppl on this board work in actual jobs.
as for ur Qs:
* If it is possible can I have my program to sponsor me for LC/GC at the end of three years?
>>> Yes. they can sponsor you for LC/GC even before end of your residency, as soon as you become eligible for your state license. depends on their willigness.
* Is it possible to have your residency years to be counted as or towards your waiver requirement of 3 year HPSA/MUS service, if your residency was in a HPSA area. If no, why not?
>>> Yes, it is possible to count residency in HPSA/MUA towards NIW 5 years.
BUT, problem: you need a letter from the State Dept of Health to say that your aforementioned work (residency in HPSA/MUA) was in public interest. Now, many state DOH are NOT willing to give this letter for residency. If you can get one, you are lucky.
>>>>>>> (correction, Feb 24, 2005: my mistake here.
The period of residency on J1 in HPSA/MUA can NOT be counted towards 3 years of waiver. There is a CLEAR RULE by USCIS on this.
What I was referring to was: if you do Residency on H1 in HPSA/MUA, then your residency MAY BE counted towards the 3 years of NIW if you can manage to get the public interest letter.
once again: my apologies for the wrong info)
.
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J1victim, I think we are talking about two different things:
- J1 waiver
No. You have to be in H1b status for 3 years. Unless you can change into H1b status on a waiver while you are still a resident, you won't be able to shave off the term of bonded servitude.
- NIW
Yes, if you file your I140 during residency (assuming that you stay in the same state for a job) AND the dept of health is willing to give you the letter, you might indeed have a benefit. For the physicians NIW the time of full time practice after approval of the I140 counts. So if you can finagle it to get your I140 approved early during your last year of residency/fellowhip, you might be able to shave some time off at the end.
- J1 waiver
No. You have to be in H1b status for 3 years. Unless you can change into H1b status on a waiver while you are still a resident, you won't be able to shave off the term of bonded servitude.
- NIW
Yes, if you file your I140 during residency (assuming that you stay in the same state for a job) AND the dept of health is willing to give you the letter, you might indeed have a benefit. For the physicians NIW the time of full time practice after approval of the I140 counts. So if you can finagle it to get your I140 approved early during your last year of residency/fellowhip, you might be able to shave some time off at the end.
Yes actually what i meant was this
Lets assume my residency is 4 years
If first three years can be counted towards my 3 year HPSA/MUA service requirement and then if i can convince my program to sponsor me a GC through LC on the fourth year? or can i start a NIW job under H1 and receive it in next 2 years.How would either case work. It sounds reasonable to me but i did not know if it was doable.
I understand what Hadron is saying. But i am not sure if you have to do your HPSA service under H1, it seems like we are doing it under h1 since it is the only available work visa for us.
I hope i am making myself clear..
Lets assume my residency is 4 years
If first three years can be counted towards my 3 year HPSA/MUA service requirement and then if i can convince my program to sponsor me a GC through LC on the fourth year? or can i start a NIW job under H1 and receive it in next 2 years.How would either case work. It sounds reasonable to me but i did not know if it was doable.
I understand what Hadron is saying. But i am not sure if you have to do your HPSA service under H1, it seems like we are doing it under h1 since it is the only available work visa for us.
I hope i am making myself clear..
> But i am not sure if you have to do your HPSA service under H1,
Yep, for the waiver part you have to. (People have filed their I485 after 2 years in the MUA and used their EAD for moonlighting work. When time came around to get the I485 approved, they LOST EVERYTHING.)
> it seems like we are doing it under h1 since it is the only available
> work visa for us.
We are doing it bc this is the law.
Yep, for the waiver part you have to. (People have filed their I485 after 2 years in the MUA and used their EAD for moonlighting work. When time came around to get the I485 approved, they LOST EVERYTHING.)
> it seems like we are doing it under h1 since it is the only available
> work visa for us.
We are doing it bc this is the law.
> And do i have to apply for I 140 on my final year of residency because
> i may become licence eligible on my final year?
As a FMG, you need 2 years of practice in most states.
I am repeating myself here. But there is precedent of a girl who was very 'smart' and did her entire residency on EAD's based on a NIW. She also lost everything, in addition we have it now as an AAO decision that NIW is not meant for residency...
> i may become licence eligible on my final year?
As a FMG, you need 2 years of practice in most states.
I am repeating myself here. But there is precedent of a girl who was very 'smart' and did her entire residency on EAD's based on a NIW. She also lost everything, in addition we have it now as an AAO decision that NIW is not meant for residency...
i am not an expert but here are my two cents
1. i am highy sceptical that the years of residency would be counted to waiver time unless specifically recommended by DOH which would be very hard to get.
2. i am of the impression that the NIW time clock clicks from the time u start your waiver job and should not have anything to do with 140 approval (and also the 140 approval times are so variable in different states )
1. i am highy sceptical that the years of residency would be counted to waiver time unless specifically recommended by DOH which would be very hard to get.
2. i am of the impression that the NIW time clock clicks from the time u start your waiver job and should not have anything to do with 140 approval (and also the 140 approval times are so variable in different states )
> i am of the impression that the NIW time clock clicks from the time u
> start your waiver job
True, if you DO a waiver job. All other time (e.g. an O1 in underserved area) doesn't count. That was part of Shustermans lawsuit. If you don't do a waiver job, the time spent since I believe approval is the metric.
> start your waiver job
True, if you DO a waiver job. All other time (e.g. an O1 in underserved area) doesn't count. That was part of Shustermans lawsuit. If you don't do a waiver job, the time spent since I believe approval is the metric.