US Work and Immigration Options for Foreign Professionals
Submitted by Rajiv S. Khanna on
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
Physicians
Physician filing green card
Submitted by Chief Editor on
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
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Submitted by admin on
Substantial transcription for video:
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;
J-1 Physician in Waiver Job Applying for AOS/1-485
Submitted by Editor on
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1320
FAQ Transcript
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Memorandum: Employment Eligibility for Derivatives of Conrad State 30 Program Physicians
Submitted by Chief Editor on
USCIS does not believe that a J-2 dependent of a J-1 foreign medical graduate can change to H-1B status, or any other employment-authorized nonimmigrant classification (with the exception of T or U status) until the principal Conrad State 30 waiver recipient has fulfilled his or her three-year employment obligations in a medically underserved area.However, USCIS is open to reviewing current regulations and considereing whether steps should be taken to enable such J-2 dependents to engage in employment while in H-4 status.
Nonimmigrant Visas:
Profession/Occupation:
Agency:
USCIS Introduces Form I-910 and Centralizes the Civil Surgeon Application Process
Submitted by Chief Editor on
USCIS has implemented a new process to receive and adjudicate applications for civil surgeon designation centrally at the National Benefits Center. This process change requires physicians seeking civil surgeon designation to file a formal application at a USCIS Lockbox. Centralizing the civil surgeon application process will:
Team Notes:
Agency:
Profession/Occupation:
NIW Requirements for a Specialist Physician
Submitted by Chief Editor on
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)."
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Marriage to US Citizen with EB AOS is pending
Submitted by Chief Editor on
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.
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GC future job; H-1 ext. revocation upon 140 denial, etc
Submitted by Chief Editor on
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.
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Do physicians have the right to an extension beyond 6 years for waiver jobs?
Submitted by Chief Editor on
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.
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