I am currently on H1B extension (7th year ; with pending I-485 under NIW, and approved Advanced Parole & EAD) dating an American citizen. We want to get married in India. If I were to leave my current job in October 2009, and go to India (for making marriage arrangements), is it advisable to:
1. First get engaged here in the US and file for fiancé Visa while I am in US (and then travel to India) in order to re-enter US on a legal status.
2. Also do we have to get married in US again in order to provide proper legal marriage documentation and to file family based I-485 as spouse.
NIW applicants get their green card based upon an expectation of employment - not employment (unless you are a physician). So, if you have a job offer in your area of expertise, your travel on AP is fairly safe.
A legal marriage in India is fully recognized in USA.
Green Card for Physicians
Overview
Physicians seeking a permanent employment opportunity in the United States and employers seeking to sponsor a physician for lawful permanent residency based on permanent employment in the United States must go through a multi-step process:
Foreign nationals and employers must determine whether the foreign national is eligible for lawful permanent residency under one of several, acceptable paths to lawful permanent residency.
It was a real pleasure interacting with Rajiv Khanna, albeit for a short period. We were looking for immigration information for a highly qualified physician relative in India. He was very knowledgeable, of course. But, the most distinguishing element was his honesty and forthrightness. He gave me excellent feedback, laying out clearly the pros and cons of different alternatives and the likelihood for success. His recommendation was to not proceed, which I totally agree with, although it meant lost fees for him and his firm. If anyone is looking for an honest, straightforward, knowledgeable immigration lawyer, based on my experience, I would not hesitate to recommend Rajiv.
A J-1 exchange visa holder who received graduate medical education or training in the U.S.
A J-1 exchange visa holder who received graduate medical education or training in the U.S.
Does the USCIS make a distinction as to whether a specialist physician works in a Medically Underserved Area vs Health Professional Shortage Area versus Physician Scarcity Area? My job falls in MUA, HPSA but not PSA , is this a problem for a specialist?
NIW requires "You must serve either in a Health Professional Shortage Area (HPSA), Mental Health Professional Area (MHPSA – for psychiatrists only), a Medically Underserved Area (MUA), or a Veterans Affairs facility, or for specialists in a Physician Scarcity Area (PSA)."
The Committee of Bar Examiners (Committee) — the entity within the State Bar of California (State Bar) that administers the California bar examination, investigates the qualifications of bar applicants, and certifies to this court candidates it finds qualified for admission to the State Bar — has submitted the name of Sergio C. Garcia (hereafter Garcia or applicant) for admission to the State Bar.
USCIS has implemented a new process to receive and adjudicate applications for civil surgeon designation centrally at the National Benefits Center. This process change requires physicians seeking civil surgeon designation to file a formal application at a USCIS Lockbox. Centralizing the civil surgeon application process will:
USCIS does not believe that a J-2 dependent of a J-1 foreign medical graduate can change to H-1B status, or any other employment-authorized nonimmigrant classification (with the exception of T or U status) until the principal Conrad State 30 waiver recipient has fulfilled his or her three-year employment obligations in a medically underserved area.However, USCIS is open to reviewing current regulations and considereing whether steps should be taken to enable such J-2 dependents to engage in employment while in H-4 status.
I am a physician completing my J-1 waiver ( on H-1B now in US, waiver will finish by June 2015). My wife became a U.S. citizen few months ago and she has filed I-130 for me. If I-130 is approved, do I have to wait till June 2015 to apply for adjustment of status or can I apply sooner ? If I have to wait till June to apply for I-485, will I be able to get EAD right away or will I need to be on H-1 for a while I-485 is accepted ?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://www.youtube.com/watch?v=3YV-qIlAEpI#t=1320
FAQ Transcript
We won a case for National Interest Waiver for a Physician working in a medically underserved area. We provided a five year contract, copy of his J-1 Waiver approval, numerous experience letters, a letter from the Department of State and documentation to reflect statistics of health professional shortage in the area.
We won an EB1 Outstanding Researcher/Professor case for an applicant holding an M.B.B.S. This applicant had over eight years of teaching and research experience in addition to his experience practicing as an Internal Medicine physician. He was world-renowned for his exceptional contributions to his field of medicine. We offered 17 exceptional recommendation letters from experts around the world who acknowledged the high level of achievement of this individual.
FAQ: H-4 EAD filing while H-1 extension is pending; H-4 EAD. Converting from H-1 to H-4 EAD - good idea or not? H-4 EAD. Documents needed; name issues; processing times, etc.; H-4 EAD Expediting Possible?
Other Topics: Green card issues because of diseases; H-1 amendment with change of location; when is a degree considered to be completed;
Although it was a brief consultation, all our questions regarding I-485, EAD and AC21 portabilty were answered satisfactorily by Mr Khanna. Sure to recommend Mr Khanna for any immigration matter especially if it is complex.
Physicians seeking a permanent employment opportunity in the United States and employers seeking to sponsor a physician for lawful permanent residency based on permanent employment in the United States must go through a multi-step process.
Foreign nationals and employers must determine whether the foreign national is eligible for lawful permanent residency under one of several, acceptable paths to lawful permanent residency.
What does the State Department recommend as the best method for an attorney to bring arguments of admissibility to the Post's attention?
The State Department says that an attorney should present a cover letter that summarizes the issue and a legal memo at the time of interview.
1. | Legal Fees (for our Office):
$6,400 ($5,200 at the commencement of the case and and $1200 at the time of the preparation of I-485) |
2. |
Filing Fees (to the USCIS): Single Applicant Forms I-140, I-485, I-765, I-131: See USCIS Fee Calculator |
I used the services of the Law Offices of Rajiv Khanna for my green card under the EB1A/NIW category. I am pleased to say that the firm including Rajiv Khanna and Diane Lombardo were very professional, diligent and prompt. It was comforting to know that I could count on them to deal with the vagaries of the immigration service as I was going through this long, tedious and at times unpredictable process. The entire process took slightly over 3 years for me most of which was due to the long time taken by the immigration service in approving the I-140 and the I-485. My sincere thanks to Rajiv and Diane for helping me through this process.