If I may verify the processing times involved in NIW. Since it falls under EB2 category, I am assuming it may be a long time before I can get my EAD card and be able to change employers. Also, I want to confirm if there could be issues if I change employers during the process - If so, I'd prefer to change my current employer before starting with it.
You can change employers any time if you are a self-applicant and will continue to work in your stated area of national interest. But NIW priority date will take the same time as a normal EB-2 application does. See:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I am a Physical Therapist and My I 140is approved through an OP rehab clinic and they applied for my GC too. Now I am ending 2 yr contract with the above mentioned company and I would like to know what is the procedure to change the company by maintaining my GC process.
I cannot think of any reason the law would be different for PT's in this respect. You can only carry the priority date (if your I-1485 was not filed more than 180 days ago). You will have to refile the I-140 with the new employer. Read my blog.
The Federation of State Boards of Physical Therapy’s Board of Directors has reaffirmed its prior decision to suspend NPTE testing for candidates educated in Egypt, India, Pakistan and the Philippines until the NPTE-YRLY can be developed. The Board has directed staff to develop the NPTE-YRLY examination as quickly as possible, but we project that it will still not be available until the latter part of 2011. We have not determined test locations yet.
For detail information Please check the link:
After clearing the NPTE license exam do we need to go for health care worker screening or with EAD we can work?
If you already have an EAD, for instance as a derivative beneficiary, you only need to fulfill the State licensing requirements.
I am a licenced physical therapist in Michigan and working on my OPT. Is it true that PTs and nurses are exempted from the labor certification during green card process? and they do not need to file labor certification?
And considering the current scenario, can you please let me know approximately how much time does it take for a physical therapist to get a green card?
PT's and RN's are both exempt from filing labor cert, but the time for their green card processing is still tied to the time it takes for people from the country of their birth. An India-born PT will wait the same time in EB-3 category as any other India-born EB-3 applicant.
A physical therapist, who wishes to apply for an Immigrant Visa (Permanent Resident Status) coming to the United States to perform labor in covered health care occupations (other than as a physician) requires:
We won an EB-1 Outstanding Researcher case for an applicant with a Ph.D. in Experimental Chemical Physics filing under Premium Processing. The case was decided within two days of submission. The applicant had over eleven years of research experience and an abundance of publications as a result of his extensive list of original findings. As a result of the multitude of publications in prestigious, international scientific journals, the applicant’s work was also extensively cited.
It is HIGHLY unusual for a PERM case to have such a convoluted history, but here is one where success came after two denials.
We filed a PERM application under EB-2 for a Physicist’s position for which no formal training was required. The job also did not require employment experience, but did require hands-on work in a university research laboratory with a particular equipment. DOL denied the application stating essentially that the job requires training. According to them, “hands on work” is the same as formal training.
We have recently received an EB2 approval for a Physical Therapist. EB2 classification has become especially important now that EB3 category cases for severely backlogged countries are delayed so much. The good news with PT’s is that they do not have to go through the PERM process. But the bad news is that USCIS seems to question whether or not truly a Master’s degree or BS+5 years level job is being offered. The I-140 approval took 1.5 months in regular processing.
Is this true ? - "If the ‘Schedule A’ application falls into the “EB-2” or Employment Based Second Preference category (the employer requires a Master’s degree in Physical Therapy or a Bachelor’s degree in Physical Therapy + 5 years of experience), then the Adjustment of Status application can be submitted simultaneously with the Form I-140".
Concurrent filing is possible ONLY if your priority date for EB-2 is current, and not backlogged.
We won a case for Outstanding Researcher a Physicist with 11 years research experience. He had 17 publications, a Ph.D. in solar cell research and numerous letters of recommendation from leading scientists around the world. His skills were noted by experts as being scarce in the field .
Can I get work authorization for my family if I apply through the physical therapist category?
The physical therapist category just allows you to skip the PERM/the Labor Authorization part. It does not render you or make you exempt from the rest of the requirements of immigration law. Immigration law requires that, in order for you or your family to get work authorization through the Green Card process, your priority date must be current. When the priority date becomes current, that’s when the family will get their work authorization.
Preliminary Note: The following discussion examines National Interest Waiver, other than that for foreign physicians. The nature of NIW for foreign physicians is different and requires a separate discussion.
1. | Legal Fees (for our Office):
$5,800 ($4,600 at the commencement of the case and |
2. |
Filing Fees (to the USCIS): Single Applicant |
It was a brief but informative consultation. Now I know what I need to add to my case to have a better chance. Thank you and hoping to talk to you again.