To Hadron and others, please advise

7

7th_year

Registered Users (C)
1. Can I get a 7th year extension on my H by merely applying under EB1 or EB2(NIW)?
2. What is the typical time for processing of these?
3. What happens if they are denied, but after being pending for over a year? Is the extension revoked?
4. What happens if it is denied in less than a year?

I am in the midst of my residency but my 6 years will be up in 1 year and 5 months. What is a fool proof arrangement to get a 7th year extension?

I have a private practioner (in a speciality totally unrelated to my residency) who is willing to file for PERM for me as 'medical technologist' or some such position based on my Indian MBBS -

5. What are the chances that this will fly at DOL and my labor will get approved?
6. Will this help in my 7th year extension for H at my residency hospital?
7. Is this a better approach than going thru the EB1/EB2(NIW) route?
8. Any sense in filing these simultaneously?

Please reply at the earliest and I really appreciate your erudite knowledge on this subject matter.

Many thanks.
 
> 1. Can I get a 7th year extension on my H by merely applying
> under EB1 or EB2(NIW)?

I believe yes. But you would have to bank on it pending for more than 1 year in order for this to work.

> 2. What is the typical time for processing of these?

Check out the info from USCIS. They are never particularly accurate, but it gives you an idea.

> 3. What happens if they are denied, but after being pending for over
> a year? Is the extension revoked?

Don't think it invalidates your H1b status. You just won't be able to file for an 8th year.

> 4. What happens if it is denied in less than a year?

Nothing. You blew quite some money on filing fees and you won't be able to file an H1b extension.

> I am in the midst of my residency but my 6 years will be up in 1
> year and 5 months. What is a fool proof arrangement to get a 7th
> year extension?

A PERM, an I140 and a pending I485.

> I have a private practioner (in a speciality totally unrelated
> to my residency) who is willing to file for PERM for me
> as 'medical technologist' or some such position based on
> my Indian MBBS -

They might be slow, but don't take them for stupid. There is a case from the appeals unit where someone was sponsored as office manager while he practiced as ENT surgeon. When they found out the nulled everything and deported him.

> 5. What are the chances that this will fly at DOL and my labor
> will get approved?

If the paperwork for the LC is correct, chances are pretty high that that part will get approved. The point where this whole thing can blow up is when you are at the I485 stage and you don't work for the petitioner.

> 6. Will this help in my 7th year extension for H at my residency
> hospital?

I don't know whether the LC/I140/I485 used to support a 7th year extension has to be in the same line of work.

But how about getting an EAD based on your medical technician gig based I485 and using that to complete residency. If the tax records you submit with the I485 don't match your petitioner, you might get an RFE for an employment verification letter. If that happened, you would have to take a leave of absence and start working for the petitioner.

> 7. Is this a better approach than going thru the EB1/EB2(NIW) route?

EB1 and EB2NIW are great if you get it approved. You are not tied to an employer.

> 8. Any sense in filing these simultaneously?

Yes.
 
To hadron

Many thanks for your detailed reply. Some further querries are below:


hadron said:
> 1. Can I get a 7th year extension on my H by merely applying
> under EB1 or EB2(NIW)?

I believe yes. But you would have to bank on it pending for more than 1 year in order for this to work.

That is what I had thought. One can just use the existing processing time as the benchmark.

> 2. What is the typical time for processing of these?

Check out the info from USCIS. They are never particularly accurate, but it gives you an idea.

> 3. What happens if they are denied, but after being pending for over
> a year? Is the extension revoked?

Don't think it invalidates your H1b status. You just won't be able to file for an 8th year.

> 4. What happens if it is denied in less than a year?

Nothing. You blew quite some money on filing fees and you won't be able to file an H1b extension.

> I am in the midst of my residency but my 6 years will be up in 1
> year and 5 months. What is a fool proof arrangement to get a 7th
> year extension?

A PERM, an I140 and a pending I485.

Agreed, but with an incomplete residency what kind of job can I file for. Also my aim is not to get a I485/EAD per se; but to get H extensions beyond year 6. My spouse's process (he is not a physician) has started, but he will get stuck due to retrogression. Given that his priority date will anyway be earlier than mine, I will be able to get an EAD thru him earlier than thru my own PERM. So, even if I were to file for PERM, I am not concerned about actually working for that petioner/tax returns etc. issue. My biggest concern is what kind of position should I try to get a LC/I0140 for.

> I have a private practioner (in a speciality totally unrelated
> to my residency) who is willing to file for PERM for me
> as 'medical technologist' or some such position based on
> my Indian MBBS -

They might be slow, but don't take them for stupid. There is a case from the appeals unit where someone was sponsored as office manager while he practiced as ENT surgeon. When they found out the nulled everything and deported him.

> 5. What are the chances that this will fly at DOL and my labor
> will get approved?

If the paperwork for the LC is correct, chances are pretty high that that part will get approved. The point where this whole thing can blow up is when you are at the I485 stage and you don't work for the petitioner.

> 6. Will this help in my 7th year extension for H at my residency
> hospital?

I don't know whether the LC/I140/I485 used to support a 7th year extension has to be in the same line of work.

Coming back to the same issue, my main aim is to get a 7th year extension. If LC/I140 thru PERM (as suggested by you as the foolproof method) does not allow me to get a 7th year extension, the whole thing fails.

But how about getting an EAD based on your medical technician gig based I485 and using that to complete residency. If the tax records you submit with the I485 don't match your petitioner, you might get an RFE for an employment verification letter. If that happened, you would have to take a leave of absence and start working for the petitioner.

If I reach the EAD stage, I am golden - but I don't think I can given the retrogression.

> 7. Is this a better approach than going thru the EB1/EB2(NIW) route?

EB1 and EB2NIW are great if you get it approved. You are not tied to an employer.

> 8. Any sense in filing these simultaneously?

Yes.

I meant filing thru PERM and EB1/EB2(NIW) simultaneously - does that help?

Also, my key question to you is what kind of job should I look for to apply thru PERM with my MBBS and 1 yr of Pathology residency.

Once again, thanks for your help.
Click to expand...
 
> Agreed, but with an incomplete residency what kind of job can I file for.

Once you have a medical license you can file for 'physician general practice'.

> My spouse's process (he is not a physician) has started,
> but he will get stuck due to retrogression.

If YOU are not from a retrogressed country, HE is able to file under YOUR countries filing status (cross chargeability). This is detailed in the 'foreign affairs manual' and as such only applies to consular processing. But with some persistence it is possible to get USCIS to accept I485 petition packages from retrogressed countries if they are labeled 'cross chargeability applies, country of chargeability xxxx'. They might send it back 2-3 times but eventually they sometimes take it.

> So, even if I were to file for PERM, I am not concerned about
> actually working for that petioner/tax returns etc. issue.

Well, it is not an issue for you, it might be an issue for USCIS. There is only so smart you can get on them. They are extremely benign 95% of the time and will accept some constructs that by anyone familiar with the industry are clearly fishy, but if they pick up that you played them for a fool they can become really vengeful.

> If I reach the EAD stage, I am golden - but I don't think I can given
> the retrogression.

Oh, so YOU re retrogressed as well ? Then of course you are sol.
 
hadron,

what is sol?

also, when i said actually working for petitioner/tax etc. is not an issue for me, i meant that i will never reach that stage. my spouse's EAD will happen before mine under all circumstances, so i don't need to file my own i-485, i can drop the process as soon as i get my EAD thru him. i just want to start the PERM process one year b4 my sixth year to get an extension. Isn't that logical?

regarding the position, r u saying that 'physician general pracice' PERM is the most robust way to go? is the temp licence i get b4 my first yr of residency valid?

thanks.
 
> what is sol?

sh** out of luck.

(sorry for the crude language, I guess I have been in the US for too long a time)


> i meant that i will never reach that stage. my spouse's EAD will
> happen before mine under all circumstances,

Well, then the risk of such a 'tactical filing' is reasonable.

> i just want to start the PERM process one year b4 my sixth year
> to get an extension. Isn't that logical?

That is logical. The only snag (that an experienced attorney could tell you more about) is the question of whether your I140 has to be for a similar job category as your H1b.

> that 'physician general pracice' PERM is the most robust way to go?
> is the temp licence i get b4 my first yr of residency valid?

You would need an unrestricted license for that. In Wisconsin you can still get that after 1 year, in most other states as an FMG you need 2-3 years, in some states like NY you can't get it without having a greencard first.
 
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