Medical Professionals

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding status and visa options for medical professionals.    

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

[Ella]

Are there any exemptions for nurses for an interview date. I have tried numerous times to get my case expedited even with a job offer and it had been denied. This is with the embassy in Barbados. Currently they said they are only doing mission critical cases. Isn't nursing or any medical profession mission critical? 

Edited April 30, 2021 by Ella

[rajuvamsi007]

Hello, I am a physician who has completed the 5-year J1 waiver in an underserved area.

During that period, I had an approved I140 with my previous employer with a priority date of 07/09/2015.

After the completion of the 5 year period, I also applied for EB2-NIW which was also approved with the same priority date..

Now, I am working for a different employer who is willing to sponsor me for a green card but has not yet filed the petition. 

Given that the dates for EB3 are much more further than the current EB2 priority date, What is my best plan of action?

Should I ask my company to file for an EB3 petition since I already have an approved self-petition for EB2-NIW?

Or, should i just ask my current employer to file under the EB2 and concurrently apply for a downgrade to EB3 at the same time?

Also, is there any benefit of requesting my current employer to file a new PERM application given that i already have an approved Self-petition via EB2- NIW?

Thank you for your help. 

 

[Amrit Sidhu]

I am a Canadian citizen. I did 2 years of preliminary surgery (2017-2019) on J1. For almost 2 years, I had not matched since then. However, I have been in the USA on and off in order to strengthen my application. This year, I have matched into PM&R for next year (July 2022). My program only sponsors J1 visas. So, my question is can J1 be allotted a second time and more importantly, do I have to complete my 2 year waiver before I can be sponsored a J1 a second time at a different institution.

[Attorney_11]

On 4/29/2021 at 10:03 PM, Amrit Sidhu said:

I am a Canadian citizen. I did 2 years of preliminary surgery (2017-2019) on J1. For almost 2 years, I had not matched since then. However, I have been in the USA on and off in order to strengthen my application. This year, I have matched into PM&R for next year (July 2022). My program only sponsors J1 visas. So, my question is can J1 be allotted a second time and more importantly, do I have to complete my 2 year waiver before I can be sponsored a J1 a second time at a different institution.

A waiver would not be required in this circumstance. 

 

Even if your time outside the US since 2019 is not 24 full month, you still would not require a waiver in this circumstance.

Assuming your program can support the educational path that you are pursuing if questioned by ECFMG, there is no impediment to ECFMG issuing a DS-2019 for you to participate in further graduate medical education. Your travel in and out of the United States should be examined to ensure there are no status maintenance or status violation issues. 

[Attorney_11]

On 4/29/2021 at 9:59 PM, rajuvamsi007 said:

Hello, I am a physician who has completed the 5-year J1 waiver in an underserved area.

During that period, I had an approved I140 with my previous employer with a priority date of 07/09/2015.

After the completion of the 5 year period, I also applied for EB2-NIW which was also approved with the same priority date..

Now, I am working for a different employer who is willing to sponsor me for a green card but has not yet filed the petition. 

Given that the dates for EB3 are much more further than the current EB2 priority date, What is my best plan of action?

Should I ask my company to file for an EB3 petition since I already have an approved self-petition for EB2-NIW?

Or, should i just ask my current employer to file under the EB2 and concurrently apply for a downgrade to EB3 at the same time?

Also, is there any benefit of requesting my current employer to file a new PERM application given that i already have an approved Self-petition via EB2- NIW?

Thank you for your help. 

 

An NIW petition cannot be downgraded.

A job offer expressed in an Application for PERM certification can potentially qualify in both the EB-2 Advanced Degree Category and the EB-3 professional category depending on the minimum requirements for the position. Whether an employer classifies such a position as EB-2 or EB-3 is a choice that does not have to be made until the immigrant petition is prepared.

It may be valuable for you to schedule a consultation with a knowledgeable immigration attorney with a specific interest in physician immigration matters to discuss a personalized legal strategy.

[Attorney_11]

On 4/29/2021 at 9:35 PM, Ella said:

Are there any exemptions for nurses for an interview date. I have tried numerous times to get my case expedited even with a job offer and it had been denied. This is with the embassy in Barbados. Currently they said they are only doing mission critical cases. Isn't nursing or any medical profession mission critical? 

The individual consulate or embassy consular section has wide latitude and discretion to determine if local operating conditions permit them to accept visa appointments on a regular or expedited basis.

You may want to schedule a time to speak with an immigration attorney to evaluate whether there are any individualized options that could potentially apply or be able to be developed.