Frequently Asked Questions - Physicians
- NIW Requirements for a Specialist Physician
- Marriage to US Citizen with EB AOS is pending
- GC future job; H-1 ext. revocation upon 140 denial, etc
- Do physicians have the right to an extension beyond 6 years for waiver jobs?
- May physicians process GC during residency?
- Processing Times Involved in NIW
- Physician filing green card
- J-1 Physician in Waiver Job Applying for AOS/1-485
NIW requires "You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)."
NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.
A legal marriage in India is fully recognized in USA.
Ans. Yes. As long as the employer has the intention of keeping the job open for you and you have the intention to join them, the green card process can continue.
Quote: If by any chance they say that I can do it, does it involve just an amendment to my H1b or will it be a fresh H1b? My job responsibilities will change and $8000 change in salary only.( from Research Associate to resident). If yes, can I join residency before the amendment is approved? I heard that INS should receive the petition before the join date and I am fine.
1. I am curruntly on HIB Visa for the past 5yrs and 2 months (GC process started and 1-140 approved) working for a State Health Department.
The essence of a green card application is that it is meant to be for a job in the future.