Physicians & Nurses: Immigration Primer II - Q&A

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Leading immigration attorney Carl Shusterman recently hosted a chat on our site on:

Physicians & Nurses: Immigration Primer II

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Question 26: My labor certification is pending to be approved shortly. I am a physician. I am moving to a new job. Can I save my labor certification?

Carl: No.

Question 27: I am currently on a J-1 visa valid until June 2003.  If I get my waiver and H-1B petition approval in next 2 months, do I have to leave the country and go to Mexico or Canada for adjustment of status ?

Carl: No. You can change status to H-1B without leaving the United States. You should specify that you wish to do so by checking the appropriate box on Form I-129.

Question 28: Hi, can a physician with an NIW and a pending I-485 change to another MUA area. Does INS need to be notified?

Carl: Yes. You need to file a new NIW petition with the INS every time you change jobs.

Question 29: Dear Sir From your experience do hospitals prefer to process nurses for H-1B or immigrant visas? Does it take more time to process an immigrant visa compare to that of an H-1B?

Carl: In general, nurses are not eligible for H-1B visas. Therefore, the only choice hospitals and nurses have is to apply for permanent residence.

See http://shusterman.com/rn2001.html

Question 30: Recently you posted on your site that there is a backlog in the 9th Circuit Court of Appeals?  How will this impact on your impending lawsuit against INS?

Carl: It won't. The lawsuit will be filed in US District Court, not in the 9th Circuit Court of Appeals.

Question 31: Can you apply for a work permit while your adjustment of status is pending?

Carl: Yes.

Question 32: I am a US licensed nurse and waiting for the approval of I-140. If   I have an existing B1/B2 visa, can I go to the states and wait for the approval?

Carl: No, because you are an "intending immigrant".  See http://shusterman.com/toc-temp.html

Question 33: If a nurse with H-1B visa as a Head Nurse or a Special Nurse applies for a Schedule A green card, is it fine with INS?

Carl: Yes.

Jennifer: Carl says higher level nurses can get H-1Bs.

Question 34: I was on a J-1 visa, went to India for the 2-year home requirement. Came back on an H-1B visa, working in a MUA for 2.5 years in CA. Other than RIR, can I apply for I-140 directly?  If so, do I have to stay in MUA for 5 years?

Carl: Yes, you can apply for an NIW. However, the INS provide that to adjust your status you must work in the underserved area for a minimum of 5 years.  If you change underserved areas, you must submit a new NIW petition.

Question 35: To become a regular R.N., one needs only an AA degree. One can still get immigration. Is this true?

Carl: Yes.

I understand that Attorney General John Ashcroft announced the issuance of regulations which will compel most noncitizens to submit a change of address form to the INS within 10 days or face deportation and/or criminal penalties.

We will answer your questions about these new regulations in our August chat - the date will be announced both on immigration.knowitallmall.com and shusterman.com.

Thank you for your excellent questions this evening. I hope that this chat has been helpful to everyone who participated. Good night.

Jennifer: I'm turning off moderation so you can chat freely. Good night Carl, thank you.

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