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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 07-02-2012, 05:26 AM
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Arrow Physician GC Questions

For physicians from India/China, is there any advantage in choosing a residency program that would sponsor a H1B over a J-1?

Since, as far as I can see, the quickest way to get the GC is via EB-2 NIW and out of the five years in underserved areas, three can count towards a J-1 waiver job.
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Old 07-02-2012, 12:47 PM
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Originally Posted by martin1 View Post
For physicians from India/China, is there any advantage in choosing a residency program that would sponsor a H1B over a J-1?

Since, as far as I can see, the quickest way to get the GC is via EB-2 NIW and out of the five years in underserved areas, three can count towards a J-1 waiver job.
H1b is dual intent, so you can file for GC when you are on H1b. But, on a J1, as long as you are on a j1, you cannot initiate the GC process. Only after you satisfy the waiver criteria, by getting a h1b, you can start GC.

In my opinion, what matters is the quality of the program and your willingness to work in a underserved area. Very few residencies sponsor GC (i have not heard of any) so, your GC process starts only when you are on a job or if someone is willing to sponsor for future employment. A lot of employers are doing that now (future employment) - so joining on h1b and looking for employer who can file your GC for future employment will be your fastest way.
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Old 07-02-2012, 02:12 PM
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Originally Posted by chanduv23 View Post
H1b is dual intent, so you can file for GC when you are on H1b. But, on a J1, as long as you are on a j1, you cannot initiate the GC process. Only after you satisfy the waiver criteria, by getting a h1b, you can start GC.

In my opinion, what matters is the quality of the program and your willingness to work in a underserved area. Very few residencies sponsor GC (i have not heard of any) so, your GC process starts only when you are on a job or if someone is willing to sponsor for future employment. A lot of employers are doing that now (future employment) - so joining on h1b and looking for employer who can file your GC for future employment will be your fastest way.
Correct me if I'm wrong, but for citizens from countries like India/China where EB-2 PERM is going to take more than five years, wouldn't EB-2 NIW be faster? It would take five years and also keep open the option of changing employers in the five years?

About your first suggestion, are you suggesting GC under EB-2 NIW can be filed even while doing a residency on H1B and not necessarily after its completion?
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Old 07-02-2012, 05:54 PM
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Correct me if I'm wrong, but for citizens from countries like India/China where EB-2 PERM is going to take more than five years, wouldn't EB-2 NIW be faster? It would take five years and also keep open the option of changing employers in the five years?

About your first suggestion, are you suggesting GC under EB-2 NIW can be filed even while doing a residency on H1B and not necessarily after its completion?
Martin, you are correct. assuming that you can get a 5 year contract and the state will provide you a supporting letter. Now that specialists can also file for NIW, this could be the fastest way. However, EB2 dates could move to within 3-4 years in which case a job after H1B residency and with immediate labor will get you a GC faster. It would all change if 3012 passes though. Remember, I am not an attorney....
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  #5 (permalink)  
Old 07-02-2012, 09:28 PM
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Thanks paskal. I was thinking the H1B residency pathway would become extremely attractive once 3012 passes too.

And about the 5 year contract you mentioned, I noticed that the NIW does not require a job contract to file it, and that the petition simply asks for a declaration that one will serve in an underserved area for five years. And once an aggregate of five years had been completed, the I-485 could be approved.

In other words, it doesn't have to be a single five-year contract and instead can be, say, two years, one year, six months and one and a half years?

Or have I missed something?

Thanks.
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Old 07-04-2012, 10:35 AM
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