Attorney_11

This is correct. The physician must complete the three year obligation before being able to file for adjustment of status or an immigrant visa. The I-485 can be filed after the physician has completed and documented the completion of the three years of work in the underserved area.

It is legally permissible for a J-1 noncitizen to travel outside the United States while the waiver process is in its early stages. Once the favorable recommendation has been made by the Department of State, it is very inadvisable for the J-1 noncitizen to travel outside the United States. Having said that, one needs to keep in mind that it is not unreasonable for a Consular Officer to ask about the waiver process or intentions and use that as a negative factor to refuse visa issuance. Consequently, the best advice is for a J-1 noncitizen to abstain from international travel after the waiver process has commenced.

1. Generally, employment while a change of employer petition is pending is governed by INA 214(n). INA 214(n) provides for employment authorization to continue until the new petition is adjudicated. So there is no 240 day limit in this situation. 2. See above. 3. An inquiry could be submitted. Or the petition could be "upgraded" to premium processing. Premium processing resumed in stages over summer of 2017 and is now fully available again since the fall of 2017. Having said that, a consultation with a credible and competent immigration attorney in your matter before taking any steps would be valuable, as there are some facts in the post which raise some questions about whether there would be a need to show extenuating circumstances for this change of employer to be approved.

An employer may file an H1B petition on behalf of someone subject to the home residency requirement. A beneficiary subject to a home residency requirement cannot change status, apply for a H or L nonimmigrant visa, adjust status or apply for an immigrant visa until they have either waived or fulfilled their home residency requirement.

1. Yes. 2. Yes, they will have to start all over again, but they can retain the priority date from the old I-140. An exception may exist if the old I-140 was a self petition physician or non-physician National Interest Waiver petition. 3. There are always some beneficial physician related legal provisions in the works at various stages on Capitol Hill, but to discuss them here would be to engage in speculation and rumor. If any of them were to become law, then yes, there could be many advantages for physicians.

There are many ways one can approach this, but an optimal personalized legal strategy would require evaluation of factors not mentioned in this post. It is advisable to seek the counsel of a qualified immigration attorney experienced in physician matters.

The law does not permit conversion of a Physician NIW (EB-2 category) into an EB-1 petition under any circumstances. There are proposals shuffling through the halls of Congress which, if they became law, would provide some beneficial treatment of physicians who have agreed to practice in underserved areas for 5 years. But, these proposals are at the early stages. President Obama's executive immigration actions in November 2014 appeared to signal a willingness to promulgate regulations or expand interpretation of current law, policy and regulations to permit the filing of an adjustment of status application prior to the availability of an immigrant visa. However, the executive immigration actions are currently subject to litigation and do not have much traction right now while the administration focuses on the court case. But, stay tuned to MurthyDotCom and the MurthyBulletin for the latest developments.

Companies apply for H1B petitions in April for October 1 start dates, which is the first day of the government fiscal year. For the gap between April and October, individuals either continue doing what they were doing in the US (studying, working) if they are authorized to, or depart the US until they can come back in H1B status. It would be recommended that you speak to an Immigration Attorney with knowledge of J-1 issues to evaluate your matter thoroughly and discuss a personalized legal strategy with you.

Recommendation/Approval of the waiver prior to return travel may have a deletrious effect. It is recommended to speak to an competent and credible immigration attorney prior to scheduling any travel.

This is a complex question and the answer depends on numerous facts not present in the question, such as the nature of the original J-1 program, program sponsor, timing currently, etc. It would be recommended to seek the counsel of a qualified immigration attorney via a consultation to determine a personalized legal strategy going forward.

An individual does not need a waiver of the home residency requirement before applying for an O-1 visa. An individual subject to the home residency requirement is not permitted to apply for an H or L visa, an immigrant visa, adjust status or change status in the United States. However they may, if eligible, be approved for an O-1 petition and apply for an O-1 visa and be admitted in O-1 classification.

It may be possible if the priority date is current for the I-140 petition, so that an I-485 can be filed.

Yes, a license is required prior to filing for an H1B if the license is required to do the duties of the job in the State where the work will take place. North Carolina requires a 4 year commitment to waive the home residency requirement.

Individuals pending adjustment of status greater than 180 days with approved I-140 and a new job in a same or similar occupation can request AC 21 permanent portability by sending notice of job change to the USCIS. This is expected by USCIS and is a best practice. The I-9 is an employer form and is retained by the employer. It is not sent to the USCIS. It is advisable to seek the counsel of a qualified immigration attorney to take prudent steps to avoid potential immigration complications in the future.

Generally, an application is considered withdrawn upon dispatch of the request for withdrawal. However, because of the potential for some confusion, it may be advisable to speak with a competent qualified immigration attorney to discuss strategy and documentary requirements for future scenarios.