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Question of the Month | |
Q. I have just been accepted into a fellowship program. I am currently working on H1B status and my employer has applied for my permanent residency through a Labor Certification. My I-140 is approved with a priority date of Oct 2007. The fellowship program starts in July. Can I continue on H1B and complete my green card process with my current employer upon completion of my fellowship program in two years?
A. Yes, as long as the employer has the intention of keeping the job open for you and you have the intention to return to the employer after your permanent residence application is approved.
To submit a question to the Badmus' attorneys, click here and read the disclaimer and privacy notices before submitting your question. | |
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Greetings!
As we all witnessed, 2010 was a very interesting year in the immigration law area. New rules and procedures were implemented by the immigration services. In 2011, we expect more changes to come, among them Comprehensive Immigration Reform, which some say will not happen. We are always optimistic, but cautious, about future changes. We will closely monitor and keep you informed of any changes affecting you and your family. So stay tuned!!
This month we complete our "12 Critical Immigration Mistakes Physicians Must Avoid" series with MISTAKE #11 - Failing to Understand "Chargeability" and MISTAKE #12 - Failing to Disclose "Minor" Criminal Offenses. Do take the time to read this information and pass it on.
As always, in this issue we include important news and information to keep you up to date on J-1, H-1B, green card and other immigration matters so you can stay on top of your immigration process.
Angela M. Lopez |
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12 Critical Immigration Mistakes Physicians Must Avoid - Part 11 and 12 |
Mistake #11 - Failing to Understand "Chargeability."
The U.S immigration system has strict quotas that determine how many people may immigrate to the U.S. from a specific country and/or in a specific category. Generally, how long it will take a person to become a lawful permanent resident of the U.S. depends on the country of birth. Persons born in China, India, Mexico, the Philippines and the Dominican Republic, usually, have to wait (depending upon what category they are in) longer than persons born in other countries because each of these countries has more green card applicants than visa numbers available for one or more immigration categories.
For immigration purposes, you are counted under the country in which you were born, subject to certain exceptions. Exceptions are provided for a child (unmarried and under 21 years of age) or spouse accompanying or following to join a principal to prevent the separation of family members (other exceptions are provided, but will not be discussed at this time). Alternate chargeability or cross-chargeability is helpful when the visa cut-off date for the foreign state of a parent or spouse is more advantageous than that of the applicant's foreign state.
Example:
Dr. Kumar is emigrating to the U.S. from India in the second preference employment based (EB-2) category. Normally, this can take between 5 to 7 years. However, his wife was born in Pakistan. Both he and his wife are permitted to immigrate under his or her country of birth, whichever is faster. Naturally, Dr. Kumar would want to adjust their status using her country of birth because currently there are no backlogs for persons born in Pakistan in the EB-2 category.
Therefore, it is important to determine under which country you will be counted because it could make a big difference in terms of how long you will have to wait for a green card.
Mistake #12 - Failing to Disclose "Minor" Criminal Offenses
Immigration and criminal law are two completely separate areas of law that on occasion can be intertwined. A seemingly minor criminal offense can have devastating immigration implications. Unfortunately, the potential immigration consequences of a criminal conviction are often overlooked.
Therefore, be aware of any immigration consequences when pleading to a criminal offense and disclose any and all criminal record to your immigration attorney; regardless of how "insignificant" and/or "old" the record may be.
If you have a criminal record, you should not start an immigration process without consulting with your attorney.
For further information or for answers to specific immigation questions that affect you, you are invited to call or email us at 469-916-7900, immigration@badmuslaw.com. |
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J-1 Waiver Update! | |
Since October 1, 2010, most states have been accepting J-1 Visa Waiver Applications for Conrad State 30 Programs for fiscal year (2010-2011). Currently, some Conrad State 30 Programs have filled all their slots and are closed, and others have deadlines that have passed so they are not accepting J-1 Visa Waiver Applications at this time, but may re-open later. Most others are open and will continue to accept J-1 Visa Waiver Applications until all their 30 slots are filled.
For the status of each state's waiver program, click here.
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H-1B Cap Count Update - FY 2011 | |
The U.S. Citizenship and Immigration Services (USCIS) has updated its count of FY 2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions. As of January 14, 2011, approximately 60, 700 H-1B cap-subject petitions were receipted. H-1B petitions for aliens with advanced degrees ("master degree cap") are no longer available until October 1, 2011.
For more information about H-1B visas or other work visas or fast and expert assistance with an H1-B petition, you are invited to contact us at 469-916-7900 or immigration@badmuslaw.com. |
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Green Card Availability |
As per our previous edition, U.S. immigration law imposes a worldwide limit to the number of immigrant visas (green cards) given out each year. If more people from a country apply than there are available visas, there will be a shortage of visas and the U. S. State Department will set up a waiting list of people. The list is kept in Priority Date order with the earliest Priority Date at the top of the list. The Priority Date is usually the date the immigration petition was received by the United State Citizenship & Immigration Service (USCIS) or the date the application for labor certification was received by the U. S. Department of Labor.
The Department of State (DOS) maintains the "waiting list" for family and employment-based green cards and publishes the status of the waiting list monthly through its visa bulletin.
Physicians are generally included in the employment-based second preference category (EB-2) because they hold advanced degrees. For most physicians, green cards are available and there is no "queue." However, physicians born in India or China must wait many years for a green card because of the high immigration rate of nationals from those countries. This is commonly called a "visa retrogression."
Here are some highlights of the February 2011 visa bulletin.
EB1 - all current
EB2 - all current, except China (July 1, 2006) and India (May 8, 2006) EB3 - all April 1, 2005, except China (January 1, 2004), India (February 22, 2002), and Mexico (July 8, 2003).
The benefits of permanent residence are tremendous so why wait? You are invited to contact Badmus Law Firm to evaluate the fastest way you can become a permanent resident. Call or email 469-916-7900 or immigration@badmuslaw.com. |
| FEATURED JOB OPPORTUNITIES | |
The Schumacher Group has numerous hospitalist opportunities including an available position at Arkansas Methodist Medical Center, Paragould, AR. Thriving hospitalist program is seeking two full time physicians to join established group.
- Community is two hours from Little Rock and two hours from Memphis, TN.
- Permanent shceduling will be 7 days on and 7 days off with rounds and call coverage. Part time is 2-3 shifts in a row.
- Total patient encounters total 25 per day. Including admits, consults and rounding.
- ICU procedures are required (vent management)
- The program will look at full time (15 shifts per month) or part time candidates.
- Prefer Board Certified Internal Medicine or Family Practice physicians
- Malpractice insurance provided
- Unrestricted Arkansas medical license is required
Schumacher Group is establishing a hospitalist program at Bothwell Regional Medical Center in Sedalia, Missouri. We are currently recruiting for full and part time hospitalists. Bothwell is a 160 bed hospital with good specialty backup. The average daily census is around 45-50/day over the next year. Initially the schedule will be a 10 hour day shift from 7 am - 5 pm and then on call throughout the evening. We are planning on covering ICU and there is Pulmonology backup. Procedures like central lines and basic vent management are requirements of the job. As more hospitalists are hired, the schedule will transition to a 12 hour shift model with a Nocturnist shift.
Schumacher Group offers a competitive employee salary plus incentives and benefits package. Sedalia, Missouri is a picturesque community with convenient access to Kansas City (1 hour), The University of Missouri (45 minutes) and the beautiful Lake of the Ozarks area of Missouri (30 minutes). For more information, contact Frank Galvani at 1 800-893-9698 ext 2598 or frank_galvani@schumachergroup.com.
View our job opportunities and see what we have to offer at www.schumachergroup.com.
For other employers and job opportunities, visit us at www.badmuslaw.com.
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Thank You! |
Thank you for recommending your friends and colleagues to us! To help your friends or colleagues learn the true facts about immigration, please forward this newsletter and invite them to contact us.
The information in this newsletter has been provided as an educational service. If you have specific questions or issues related to immigration, you are invited to call us at 469-916-7900 or email me at alopez@badmuslaw.com.
Until next time,
Angela M. Lopez
Attorney
Badmus Law Firm
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NOTE: Immigration law changes frequently. The resources and information provided in this newsletter are intended to help you understand basic issues involved in the immigration process, and are offered only for general informational and educational purposes. This information is not offered as, nor does it constitute legal advice or legal opinions. Although we strive to keep this information current, we neither promise nor guarantee that the information is the latest available, or that it applies to your specific situation. You should not act or rely upon the information in these articles without seeking the advice of an attorney. To consult with Badmus Law Firm regarding your case, click here.
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