US Citizen applied for my J1 job..

W

wsps

Registered Users (C)
Hi all,

Wondering about some of your thoughts on my issue..

I got J-1 waiver as a physician in July 2007 and my lawyer started the paperwork for labor cert. As a part of that ads. were placed in JAMA and local newspapers. 1 week ago a US citizen has applied for the job and probably my employer will call him for an interview as he is qualified for this job.

Will it mean that I have to find some other employer after 3 years?

Also, if I find other employer, will I go there on H-1 and when should I start the search?

I am pretty pissed as I just bought a house and wondering about the mortgage.
 
OK here are a few points for you to consider.

1) Firstly the US citizen might or might not take up that position. Merely interviewing for that job does not mean it is a done deal. You might want to just wait and see where it goes.

2) If there is a demand for your service and your employer is willing to expand, you just might be able to have him on board and that would be like having more than one posts advertised. You might however have to re-advertise to prove this.

3) Presumably you are in a designated HPSA/MUA. If so you can extend your tenure to 5 yrs, forego the labor altogether and file for a physician NIW. That way, you could technically still move to another job after your 3 yrs as long as it is in a HPSA/MUA for the remaining period. If you are from any other country than India or China, then you can file your adjustment of status now, otherwise you will have to stay in H1b status.
 
Thanks..

...for the help. You pointed out the same things that are making me worried.

1) I am not in an HPSA/MUA area. I am in university setting and got this waiver via some help from local legislators.

2) I can not apply for NIW as my place of employment is not HPSA or MUA. Only way to apply is to go via labor cert.

3) This is a pretty small place and its either me or him. There are no other positions available. Some folks in department would love to offer him a position and I have seen his resume. He is a seasoned doc. who is at the end of retirement after long years in private prac. So he would like to have some university benifits at this age. I am not seeing any reason why he will refuse this position.

I think my next question is that can I stay on this job with out applying for a Labor Cert? Which status will I be on then? You said some thing about chnage of status.....can you help me understand more. Change of status from what to what?

Thanks!!!!!!
 
Your employer does not have to proceed with the labor certification if your employer is not filing for a green card. You would then just continue in H1b status.
The status change I was referring to was after the 3 yrs in H1b were up, where you have filed the NIW and adjustment applications, then you could become a pending adjustment applicant and move into EAD and work in HPSA.
Since you are not in a HPSA/MUA, I don't think you have the NIW option.
If your resume is exceptional, then you/your employer might be able to consider applying in the extraordinary ability or
outstanding researcher EB1 category.
Other than that your green card options are limited for now.
Consult your lawyer.
 
Last edited by a moderator:
Thanks again

But can I continue on H-1b on current job (without applying for labor cert) and then move to other job after 3 years on H-1b? AT that time then the next employer can apply for GC on my behalf?

OR

That I am doomed after 3 years of current H-1b?
 
wsps said:
But can I continue on H-1b on current job (without applying for labor cert) and then move to other job after 3 years on H-1b? AT that time then the next employer can apply for GC on my behalf?
Click to expand...

Yes, you can... your next employer can apply for GC. You can start processing before joining that employer if that employer is willing to start the process. Or you can start job with next employer on H1-B and start GC process after joining it.

I was reading your post... you have three year contract and your employer cannot afford another Physician. If that's the case, is your employer going to offer job to prospective applicant that will start July, 2010? Is the applicant going to wait till then?

This is an interesting scenario, i.e. the job offer would be more than two years away because you have three year contract. Now, if the prospective applicant declines job offer because it is too far in future, how would DOL treats this. I think your lawyer need to answer this question.

I think your chances are pretty good as the prospective applicant is likely to decline the offer that is more than two years away.... But check with your lawyer about DOL rules.
 
Last edited by a moderator:
Thank you m IMG!!! for giving me a possible good night sleep. Your comments though made re-think about my situation...

I think what will happen is that my department will call that guy but will not offer him the job. My lawyer will then re-advertize the position. I am worried that other folks will apply and then we will go through the same process again. This is pretty tiring and this is not the place where I want to stick for more than 3 years.

So, I was wondering about my options. If I can stay here on current status with out worrying about labor cert. then I think I will do this and will move to other employer after 3 years.

Now do I have to apply to HPSA/MUA after 3 years or can I go to anyone who will sponsor my H-1?

Thanks again!!!!
 
WSPS,

The answer to your previous question was in my earlier post.

I assume that this is your first H1b since you are doing a waiver job. If so you should be able to move to your next employer in H1b status with the one caveat being cap exempt status.
I am not sure if you would be cap exempt or not. Waiver jobs are all cap exempt by law. How that extends into post waiver jobs is unclear to me, you might want to check with a good immigration lawyer experienced in Physician issues.

Consider joining an organisation such as IV (Immigrationvoice). There is a Physician chapter in it and we are advocating for legislation with some very positive provisions for International medical graduates trained in the USA. It is at a point that we will soon be needing assistance in drumming up grass roots support. Those in your situation would stand to benefit tremendously should it go through. Since you mentioned local legislators helped you get your current job/waiver, your input in speaking with them would be invaluable to our efforts.
PM me if you are interested in helping yourself while helping us too!:):)
 
Last edited by a moderator:
wsps said:
I think what will happen is that my department will call that guy but will not offer him the job. My lawyer will then re-advertize the position. I am worried that other folks will apply and then we will go through the same process again. This is pretty tiring and this is not the place where I want to stick for more than 3 years.
Click to expand...

I think a better option would be evaluate the candidate and if he's eligible then offer him the job. Let him reject the offer and then your employer can document that he did his part trying to hire US citizen. If he's not eligible then you're home free. Bounce this idea to your lawyer.

By the way, the advertisement is valid for 180 days. Maybe call the candidate in 4 months and he might have found a job by then:):)

Now do I have to apply to HPSA/MUA after 3 years or can I go to anyone who will sponsor my H-1?
Click to expand...

Yes, after 3 years you can go any where you find employment. H1-B transfer, basically it would be new H1-B, is quite simple and with premium processing you'll get approval in two weeks.

Cap will not impact your next H1-B.

Only reason you would want to look for HPSA/MUA location is if you want to NIW.

Good luck!
 
Thank you alterego and m img!!!!

m img: Yes that this what we are trying to do. The problem is that for a physician there is a minimum requirement for a job i.e. you need to be MD or equivalent and have completed the residency. Every one who is in practice fullfills this "minimum" requirement.

But if I will be exempt from cap and need not to be in HPSA, then I know I have an option and I can easily ride this process out. Things get complicated when you get uncertain about the future.

alterego: Thanks for your suggestions. I will send you a pm to talk more about contacting the legislators. We are all in this process so need to work togather!

Thank you folks.....
 
J1 waiver trouble. please help.

Hi every body.need uegent help in j1 waiver. I hope some body will help.
My story is that i started residency on july 2004. And in Aug. 2006 applied j1 waiver on persecution basis.
USCIS sended I-613 to DOS in may 2007 and DOS sent favourable recommendations to USCIS on sep 2007.
Since then Usics has not taken any action.After multiple inquiry submissions i recently received answer that my case is pending because there is no visa .
So I called USCIS and person over there was trying to tell me that As i will be going on h1 and there now H1 till OCT 2008. So they can not send me decision unless i hve h1 approved or LC.
Does this make any sense. What should I do now . my j1 expires on JUne 2008.Really looking for help.
 
You must log in or register to reply here.
Top