sreesindhu Posted June 16, 2013 Report Share Posted June 16, 2013 Hi Mr. Murthy good morning, I am a physician planing to apply green card. I read a lot about NIW but I still not clear on few issues. could you please advice. 1) I am doing resiency with H1B visa in underserved area for 4 yrs. Can this be considered for NIW physician underserved area ? 2) I am in 4th yr of H1b & if I filled for NIW I-140 now, will this past H1b in underserved area 4 yrs be counted ? 3) My 5th yr is in a different underserved area from Aug 2013, is it better to apply for I-140 now or in AUG ? 3) If i get I-140 - Can I change Job in Aug 2014 (after completing 5 yrs underserved) the new employer does not sponsor H1b can I get away with I-140 extension with out employer help thank you very much for your help. -Sree Link to comment
t75 Posted June 17, 2013 Report Share Posted June 17, 2013 You really need to be working with an attorney. You are able to afford expert representation. Link to comment
lucid1 Posted June 30, 2013 Report Share Posted June 30, 2013 Hello Sree The time counted towards 5year requirement does not start until you have completed your training (be it residency or fellowship). Even if you submit the I-140, to change jobs and continue in your new position, you will require H1b continuation. Just mere submission of I-140 does not do away with your visa requirement. Disclaimer: I am not a lawyer and the above material does not count as legal advice. This is just an opinion expressed on an open forum. I am not liable for the content posted above. Link to comment
Attorney_11 Posted July 2, 2013 Report Share Posted July 2, 2013 On a case by case and state by state basis, it is possible for time completing a residency in H1B classification in a medical underserved area to count towards the 5 years requirement for the physician NIW. One can work in multiple underserved areas over the 5 years of service in a medical underserved area required for the physician NIW. Generally, being a beneficiary of a physician NIW by itself does not remove the requirement that an individual be authorized to work in the United States - an EAD or H1B or other work authorized status would be required. It is recommended to speak with a qualified competent immigration attorney about these matters to develop a personalized strategy. Link to comment
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