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Advise regarding Physician NIW please

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I am from India and working for a big hospital as a hospitalist and I am 5th year H1b.

My program is applying for physician national interest waiver in MUA/HPSA this month but things are not going very well. I am planning to go for fellowship next year July 2014. I don't know whether I will have I-140 before I start fellowship.

1.If I join the fellowship program next year, How can I continue for 2nd and 3rd during my fellowship on H1B without having an I-140 on file?

2.If I convince some one to hire me as oncologist to work for them  once I am done with fellowship in the 1st year itself, Can they sponsor my green card to begin my future employment in 2017 now in 2014 itself. What are my chances of finding an employer that sponsor my GC in the first year of my fellowship itself?

3.  If I-140 gets approved and I switch after the approval and join a fellowship program in MUA, can I retain my Priority date? do I need to re apply for I-140? Does it be any problem changing the employer  before the end of 5 years?

4. Or if nothing works, Can I apply for physician NIW on my own (individual NIW) parallel with the employer, stating that I would work in MUA?

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1. Without an I-140 in file (and it looks like you are not dong a PERM) then your options to finish fellowship are an O-1 visa or a J-1 visa

2. No. You have to be an oncologist before the file a PERM (naming you as a beneficiary) that lists a completed oncology fellowship as a job requirement

3. Only time spent in unsupervised practice counts towards the five year requirement - basically excluding residency and fellowship

4. Yes, you can self-petition.  You will need a contract and additional evidence, please see this link http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-11261/0-0-0-12632/0-0-0-14070.html#0-0-0-9951

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Hi drbpavan

I am in similiar situation(hospitalist wanting to do fellowship) except that I have an approved I140 through PERM processing but have to do NIW application too so that I am independent of PERM and can do AOS when my PD becomes current. We can be in contact(mukarramb@gmail.com) for mutual assistance to go through this project.

Good Luck


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Get advice from an attorney rather than another forum member. You can afford it and it is too important to do anything wrong.

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