FMG Matched - Will Program Withdraw Offer Due to Immigration Issues?

[mikejames85]

Hi everyone, I am an IMG who managed to match in this year's brutal application process, albeit at my #8 choice of program and 3rd choice of specialty. I've accepted this and am looking forward to finally settling down and starting residency this July. I had plans to move to the US to do residency and settle down in this country for a career in academic medicine, and had started applying for a green card last year through my lawyers. I am guaranteed to get a green card because I used a particular pathway (don't want to go into too many details), but the only problem is that the processing for my type of green card has been delayed slightly in general because of large increase in this type of GC application, and I will likely only get my GC in October/November this year, and then wait another 3 months for adjustment of status and work authorization. Also, because I have filed for a GC, I am not eligible for a J-1 visa to cover me before my GC as J-1 is for people who have not shown immigration intent.

Problem is, when I submitted my ERAS form back in September last year I indicated that I was a permanent resident of the US, as my lawyers had assured me that I would get my GC in time before July this year. They had even told me they had clients who got approved in several weeks. These lawyers are pros at immigration law, and are family friends, so I know they are not playing with me, but they had not anticipated a dramatic increase in this type of GC application.

My program expects that I will be starting residency in July with a GC, but in fact I will not have any class of visa that would allow me to work in the US. I am very worried about how my program would view my 'dishonesty' and whether they would try to salvage the situation and have me work 'unpaid' or as an elective student at my residency until I get my GC and work authorizations. Would my program withdraw my Match offer? I realize that they have full NRMP and legal right to do this and they would not have violated NRMP rules. It would be devastating to not be able to do my 5-year residency program because of a delay of several months. How/who should I approach regarding this issue? I am thinking about speaking to my PD over phone and then probably also talk with HR and HR immigration.

I realize that this 'dishonesty' is also a very bad start to residency, but I had put all my trust in my lawyers and sincerely believed at the time of ERAS submission that I would get my GC before July 1st. Would really appreciate everyone's opinion and suggestions on this.

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[Paddington]

There's no guarantees with U.S. immigration law, especially with regards to the most prized step of obtaining the green card. The only people who get expedited green cards and work visas are folks whose employers are super well connected (e.g. scientists working at places like NASA, translators of obscure languages needed by the CIA, etc.). Regardless of how "pro" they are, any promises your lawyers made were purely to get your business. I'm not sure which route you took to get the green card (likely it wasn't an H1 conversion, or the million dollar investment rule). But there's definitely no guarantees (especially with regards to timeframe) with either the family reunification route, refugee status, or the diversity lotto.

Anyway, I'm not sure what to tell you. Probably being honest with your PD is your best bet (they need to know about your situation), though there's no guarantees that this will salvage your spot. I saw a similar situation arise a while back, where someone was an FMG couldn't get his visa on time and therefore couldn't start residency on July 1. They held on to his position for a while, but after a few months of waiting filled it with someone else.

 

[mikejames85]

Hi Paddington thanks for your reply - actually I am doing GC through investment, hence why guaranteed. But yes, I understand that the PD is within his right to fill my spot with someone else. I only hope he will be understanding and try to work it out e.g. have me start residency with 'elective student' status and convert after obtaining GC. I just don't know how much of a stickler hospitals are with visa issues - I'm sure everyone understands and hates how inefficient US bureaucracy is like. I also know plenty of volunteers in research labs letting FMGs work on tourist visas. I am currently legally in the USA already so there is no problem of getting into the country, just that I don't have legal work authorizations.

The thing about my situation is that my GC is guaranteed with a certain time frame - just that this time frame extends a few months past residency start date.

Thank you very much for your reply - I agree and will be upfront/honest with my PD. It would be a huge bummer to lose my spot after having invested 1 million dollars with the sole purpose of getting residency and settling in US in the future. It would likely also bar me from applying for Match anytime soon since I would have violated NRMP Match rules.

Btw do you think it would be better to speak on the phone with the PD or email him. It would be quite difficult to explain to him over the phone the whole situation and I might come across in a wrong way and he may misinterpret my situation.

 

[IMvrach]

Volunteers don't work, this is the difference. They don't need an SSN to volonteer. I've seen a case like this where a position was hold for month and a half, but it's hard to believe anyone can hold it for several months. Did you consider H1B, it allows immigration intent?

Hi Paddington thanks for your reply - actually I am doing GC through investment, hence why guaranteed. But yes, I understand that the PD is within his right to fill my spot with someone else. I only hope he will be understanding and try to work it out e.g. have me start residency with 'elective student' status and convert after obtaining GC. I just don't know how much of a stickler hospitals are with visa issues - I'm sure everyone understands and hates how inefficient US bureaucracy is like. I also know plenty of volunteers in research labs letting FMGs work on tourist visas. I am currently legally in the USA already so there is no problem of getting into the country, just that I don't have legal work authorizations.

The thing about my situation is that my GC is guaranteed with a certain time frame - just that this time frame extends a few months past residency start date.

Thank you very much for your reply - I agree and will be upfront/honest with my PD. It would be a huge bummer to lose my spot after having invested 1 million dollars with the sole purpose of getting residency and settling in US in the future. It would likely also bar me from applying for Match anytime soon since I would have violated NRMP Match rules.

Btw do you think it would be better to speak on the phone with the PD or email him. It would be quite difficult to explain to him over the phone the whole situation and I might come across in a wrong way and he may misinterpret my situation.

 

[Paddington]

Did you consider H1B, it allows immigration intent?

American visa rules are very complicated. If you've applied for one visa, you can't apply for another. Some routes even ban you from setting foot in the U.S. while your application is in process (like family reunification for green card, I believe, which takes a decade to process).

Likely the OP pursued the green card (through the obscure capital investment rule), because this would open up all U.S. residencies to him. Not all residency programs sponsor visas. However, because he had an application in place for it, probably he was excluded from also pursuing an H1B (or rather, the programs he was looking at didn't sponsor them to begin with).

 

[IMvrach]

Maybe, not sure, but this seems to be the only option. Investment category is notorious for its delays. I doubt any estimates OP are reliable, and even if they are correct, if this 5 year residency program has a preliminary year, I doubt they will agree for a start delayed for "just" several months.

American visa rules are very complicated. If you've applied for one visa, you can't apply for another. Some routes even ban you from setting foot in the U.S. while your application is in process (like family reunification for green card, I believe, which takes a decade to process).

Likely the OP pursued the green card (through the obscure capital investment rule), because this would open up all U.S. residencies to him. Not all residency programs sponsor visas. However, because he had an application in place for it, probably he was excluded from also pursuing an H1B (or rather, the programs he was looking at didn't sponsor them to begin with).

 

[mikejames85]

I was just hoping that they would let me start 'off the record' and not pay me so that they don't have to register me as an employee. I could start my internship rotations as an 'elective student.' I don't know how open they are to this idea though. I understand for IMG's waiting for visas that PD's would decide not to wait for them since they will have future problems getting visas. In my case, I will definitely get a GC.

Actually, my lawyers have told me that I can apply for H1B visa since that is not a non-immigrant visa, but they tell me that I will have to wait until October to receive it and start work. However, I think I would need to take Step 3 ASAP to qualify for H1B.

I am also Canadian so I don't know if I am able to work on another visa, e.g. TN visa, but I see that physicians are excluded from this category. Maybe they can class me as a 'researcher' until I get GC?

 

[IMvrach]

Don't get the October part. How do you think everyone starts in July on H? I sure hope I
wouldn't wait till October.

If you take Step 3, you will get the score around June 6 and will have your H by July.

Not sure about working without a visa, what about the insurance? Can you take some research rotation? Probably, you can even buy your own malpractice, but in any case it will be such a head ache to your program... Try getting an H.

You probably can purchase a malpractice insurance yourself

I was just hoping that they would let me start 'off the record' and not pay me so that they don't have to register me as an employee. I could start my internship rotations as an 'elective student.' I don't know how open they are to this idea though. I understand for IMG's waiting for visas that PD's would decide not to wait for them since they will have future problems getting visas. In my case, I will definitely get a GC.

Actually, my lawyers have told me that I can apply for H1B visa since that is not a non-immigrant visa, but they tell me that I will have to wait until October to receive it and start work. However, I think I would need to take Step 3 ASAP to qualify for H1B.

I am also Canadian so I don't know if I am able to work on another visa, e.g. TN visa, but I see that physicians are excluded from this category. Maybe they can class me as a 'researcher' until I get GC?

 

[mikejames85]

I have no idea either - my lawyers just say that if I apply now, the earliest I can get H1B is October. How long does an H1B visa normally take to process?

I wouldn't mind working for free until I get my GC and paying my malpractice insurance, since I have already invested so much financially.

My program has the option for 2 years research - I doubt I can do my research rotation first though. Argh, my program will become so annoyed with me.... If they really couldn't take me, they would have to scramble at the last minute for another candidate as well.

 

[Paddington]

I was just hoping that they would let me start 'off the record' and not pay me so that they don't have to register me as an employee.

It don't work like that here in the U.S., bro. They do things by the book here.

 

[IMvrach]

15 days with premium processing. Sometimes less than a week. Much faster than J1.

I have no idea either - my lawyers just say that if I apply now, the earliest I can get H1B is October. How long does an H1B visa normally take to process?

I wouldn't mind working for free until I get my GC and paying my malpractice insurance, since I have already invested so much financially.

My program has the option for 2 years research - I doubt I can do my research rotation first though. Argh, my program will become so annoyed with me.... If they really couldn't take me, they would have to scramble at the last minute for another candidate as well.

 

[vistaril]

I was just hoping that they would let me start 'off the record' and not pay me so that they don't have to register me as an employee. QUOTE]

you can't be serious......

 

[IMvrach]

Yeah, for several months AT LEAST. Might be a year or more.

you can't be serious......

 

[mikejames85]

That's what my lawyers suggested.... work as 'volunteer' before I get my GC

Guess I should prepare to forget about doing residency in the US ever... f*** this ****... i am practically giving 1 mln USD to this country for the privilege of working FOR its people, with the hope that I can become a good physician to CONTRIBUTE to the USA. Not to mention the wasted 2 years volunteering in lab research while applying for the Match. Meanwhile illiterate asylum-seekers from other countries flood the country and live off social security and contribute to the growing budget deficit.

 

[IMvrach]

OMG...
And you believe them NOW with their processing time estimates when they were already wrong in the past, do you? And all this nonsense with October, wtf?

Do an H.

That's what my lawyers suggested.... work as 'volunteer' before I get my GC

 

[vistaril]

That's what my lawyers suggested.... work as 'volunteer' before I get my GC
.

your lawyer clearly knows absolutely nothing about how residencies and academic hospitals work. The fact that he suggested something so bizarre and unrealistic makes me wonder what sort of other terrible advice he gave you.

 

[mikejames85]

vistaril - yea they specialise in immigration law and corporate law and nothing else. they really don't have a clue about how residency works, they probably think it is an academic course i take

IMvrach - thank you very much for all your advice, I think it looks like I will have to do the H1B visa route to cover me before I get my GC

thank you everyone on the boards with my problem. it is amazing how many replies I got within a few hours of posting this thread, and how useful and knowledgeable everyone has been

fingers crossed on the few months ahead to get my H1B!

 

[mikejames85]

Have just done a very cursary google search just to double-check the October start date, and I found this:

"If you applied for H1B visa in April for next H1B fiscal year and have it approved, you can start to work from October 1st of that year. USCIS fiscal year starts from October 1st and ends by Sep 30th. For instance, if you applied for H1B visa FY 2012 in April, 2011 and you get your H1B approved, you can start working from October 1st, 2011. In general, the start date of your H1B status will be mentioned by your employer. But, the main point is, USCIS mandates that you can only start working from Oct 1st or later for the next fiscal year."

Seems like H1B visas are given out in cycles, and the earliest start date for the current cycle is October 1st. USCIS started taking H1B applications on April 1st - who knows how many are left and whether all those science, math, engineering grads from overseas have already taken up those H1B visas.

 

[IMvrach]

This concerns visas on fiscal's year cap. It's irrelevant to you as hospitals are cap free.

Have just done a very cursary google search just to double-check the October start date, and I found this:

"If you applied for H1B visa in April for next H1B fiscal year and have it approved, you can start to work from October 1st of that year. USCIS fiscal year starts from October 1st and ends by Sep 30th. For instance, if you applied for H1B visa FY 2012 in April, 2011 and you get your H1B approved, you can start working from October 1st, 2011. In general, the start date of your H1B status will be mentioned by your employer. But, the main point is, USCIS mandates that you can only start working from Oct 1st or later for the next fiscal year."

Seems like H1B visas are given out in cycles, and the earliest start date for the current cycle is October 1st. USCIS started taking H1B applications on April 1st - who knows how many are left and whether all those science, math, engineering grads from overseas have already taken up those H1B visas.

 

[mikejames85]

This concerns visas on fiscal's year cap. It's irrelevant to you as hospitals are cap free.

That's the best new's I've heard in a while! Does this also mean I am exempt from the October 1st start date?

 

[IMvrach]

Absolutely.

That's the best new's I've heard in a while! Does this also mean I am exempt from the October 1st start date?

 

[Paddington]

That's what my lawyers suggested.... work as 'volunteer' before I get my GC

Guess I should prepare to forget about doing residency in the US ever... f*** this ****... i am practically giving 1 mln USD to this country for the privilege of working FOR its people, with the hope that I can become a good physician to CONTRIBUTE to the USA. Not to mention the wasted 2 years volunteering in lab research while applying for the Match. Meanwhile illiterate asylum-seekers from other countries flood the country and live off social security and contribute to the growing budget deficit.

If you got a million dollars, why do you want to do medicine anyway? You can probably invest your capital and make a comfortable living just off the interest. Meanwhile - just for ****s and giggles I suppose - you could use your doctoring skills in your own country, which probably needs doctors way more than the U.S. does, what with its glut of unmatched MD seniors.

 

[Dral]

For real. No need for the US tirade. I sat in as a resident rep for an ACGME site visit. One of the questions the ACGME rep asked was if we were aware of any residents working without pay. I could be wrong, but I don't think that's allowed (working without pay). It could possibly put the program and other residents' positions in jeopardy with ACGME.

You knew the rules. You are the one putting your program in a tough position, and I don't think the entitlement is warranted.

I understand you are upset at maybe losing your position, so I guess I can understand, but still...

I hope things work out for you. I'm pretty sure you can be applying for GC while on H1B. That seems to be your best bet. Best of Luck.

 

[NotAProgDirector]

Although I can't be certain what any one hospital will do:

1. I highly doubt that any hospital will allow you to work as a "student". First of all, students are credentialled by the Medical School not the hospital. Second, as a student you'd be mostly useless -- unable to actually do anything until you're a hired doctor. Can't sign orders, answer pages, etc. Not to mention it's probably illegal to circumvent employment law like this.

2. You can't "work for free" either. First, working for free is basically illegal and certainly an ACGME violation. Second, it's "working" even though you don't get paid -- so you'd still need a work visa for it.

So, what can you do? At a minimum, you need to talk to your program immediately about this. They are likely to start building the schedule shortly, and if you're in it and can't work, they will be pissed. What can they do? Well:

1. They could simply start you off cycle. With enough notice they MIGHT be able to build a schedule for you that starts late. Then you can get your GC, and work.

2, They could apply for an H visa for you. You can't get an H visa yourself, it's an employer sponsored visa. So there's no way to "hide" this option from them. Will they sponsor you for an H visa? Who knows, depends on what their policy is.

3. They could let you go. Without some sort of intervention you won't be able to start on time. If so, they can terminate you and look for someone else. This would not be a match violation for anyone (you or them). They would apply for a match waiver since you can't start on time, and they would get it. Finding a replacement is a pain, hence they may prefer option #1.

4. They might make a stink about this. It depends on what you filled out on your ERAS application. I believe there are two different spots on the ERAS application talking about work authorization / citizenship. They ask what visa/work auth you are currently on, and what visa/work auth you plan to be on. If you answered some sort of visitor visa for the first, and a GC for the second, then all is good. If you said you already had a GC, then you "lied" on your ERAS application. They can terminate you for this, and then they can report you to ERAS. They'll explore the situation, see that you were "untruthful", and likely ban you from using ERAS. That would be the end of your career in the US (there are, perhaps, some ways around this).

The less problems you cause your program, the more likely they are to deal with this in a way that's favorable to you. So, that's why I recommend talking to them about this immediately.

 

[IMvrach]

Regarding option 1, OP wrote "I will likely only get my GC in October/November this year, and then wait another 3 months for adjustment of status and work authorization." Even if it's not delayed anybfurther, I am really surprised you believe a program can somehow build a schedule for a resident arriving half a year late.

So, what can you do? At a minimum, you need to talk to your program immediately about this. They are likely to start building the schedule shortly, and if you're in it and can't work, they will be pissed. What can they do? Well:

1. They could simply start you off cycle. With enough notice they MIGHT be able to build a schedule for you that starts late. Then you can get your GC, and work.

 

[mikejames85]

Although I can't be certain what any one hospital will do:

1. I highly doubt that any hospital will allow you to work as a "student". First of all, students are credentialled by the Medical School not the hospital. Second, as a student you'd be mostly useless -- unable to actually do anything until you're a hired doctor. Can't sign orders, answer pages, etc. Not to mention it's probably illegal to circumvent employment law like this.

2. You can't "work for free" either. First, working for free is basically illegal and certainly an ACGME violation. Second, it's "working" even though you don't get paid -- so you'd still need a work visa for it.

So, what can you do? At a minimum, you need to talk to your program immediately about this. They are likely to start building the schedule shortly, and if you're in it and can't work, they will be pissed. What can they do? Well:

1. They could simply start you off cycle. With enough notice they MIGHT be able to build a schedule for you that starts late. Then you can get your GC, and work.

2, They could apply for an H visa for you. You can't get an H visa yourself, it's an employer sponsored visa. So there's no way to "hide" this option from them. Will they sponsor you for an H visa? Who knows, depends on what their policy is.

3. They could let you go. Without some sort of intervention you won't be able to start on time. If so, they can terminate you and look for someone else. This would not be a match violation for anyone (you or them). They would apply for a match waiver since you can't start on time, and they would get it. Finding a replacement is a pain, hence they may prefer option #1.

4. They might make a stink about this. It depends on what you filled out on your ERAS application. I believe there are two different spots on the ERAS application talking about work authorization / citizenship. They ask what visa/work auth you are currently on, and what visa/work auth you plan to be on. If you answered some sort of visitor visa for the first, and a GC for the second, then all is good. If you said you already had a GC, then you "lied" on your ERAS application. They can terminate you for this, and then they can report you to ERAS. They'll explore the situation, see that you were "untruthful", and likely ban you from using ERAS. That would be the end of your career in the US (there are, perhaps, some ways around this).

The less problems you cause your program, the more likely they are to deal with this in a way that's favorable to you. So, that's why I recommend talking to them about this immediately.

Hi aProgDirector, thank you very much for your very helpful reply and suggestions. Judging from your username I assume you are a program director - it is very helpful to a get opinion and advice straight from a program director.

I agree that the option of 'volunteering' or working as a 'medical student' is very likely out of the question. It was just wishful thinking on my part and denial of the reality of my situation.

Regarding option 1. I think the earliest I can realistically and ideally get my GC and with work authorization (3 months after GC) would be January 2014. Wait times just became 12 months which means I get GC in January and work authorization in April 2014 (one year from now). Worst case scenario, application gets delayed due to Request for Further Evidence, and I don't get authorization until July 2014 or even later. It would probably be stretching it to think a PD would have me start off-cycle that late into intern year even in the ideal case.

Option 2. I know my hospital still sponsors H1b visas and probably has the resources to as they are a major academic teaching hospital. Their HR website says they do not sponsor H1B unless it is the last course of option, and I have managed to find a H1B registry which shows that my hospital has sponsored many H1B visas, up to around 50 per year in the past few years. I just hope that HR is open to this option and that I will have enough time between now and July to apply for Step 3, take the exam, get the results and apply for expedited H1B processing.

My program is pretty much known for their benign nature and easy-going program director and chair, and they both loved me during interviews (and purportedly ranked me highly). The PD also happens to be a good friend of my mentor. I hope that they won't take this in a bad way and kick up a big fuss with ERAS. Actually on the ERAS form where it says 'US/citizenship status" I had selected the option of Conditional Permanent Resident, as I had fully expected to get the green card before residency. Once I selected this option everything else was blanked out and I couldn't fill in additional info eg current status, anticipated status etc.

I know that they are perfectly within their right to terminate me and can easily and very realistically do so, so option 3 is also a very possible outcome of my situation. Even if I get away with not having a match violation, I think my career prospects in the US is essentially over or at least severely restricted, considering that I have already spent 2 years in research after med school while looking for residency.

I am going to be upfront and explain to my program my situation immediately. I hope my department PD/chair vouch for me and push HR to sponsor an H1B visa for me, and hopefully that will cover things before I get my GC ready.

 

[MsKrispyKreme]

That's what my lawyers suggested.... work as 'volunteer' before I get my GC

Guess I should prepare to forget about doing residency in the US ever... f*** this ****... i am practically giving 1 mln USD to this country for the privilege of working FOR its people, with the hope that I can become a good physician to CONTRIBUTE to the USA. Not to mention the wasted 2 years volunteering in lab research while applying for the Match. Meanwhile illiterate asylum-seekers from other countries flood the country and live off social security and contribute to the growing budget deficit.

Yes, we should open our doors for self-entitled millionaires at the expense of the unfortunate who come from lands where they are raped, brutalized, persecuted, etc. Never mind the fact that this country was built to be an asylum from persecution.

And pray tell, how are these "illiterate asylum seekers" living off of social security?

 

[mikejames85]

Yes, we should open our doors for self-entitled millionaires at the expense of the unfortunate who come from lands where they are raped, brutalized, persecuted, etc. Never mind the fact that this country was built to be an asylum from persecution.

And pray tell, how are these "illiterate asylum seekers" living off of social security?

I agree that asylum seekers come from tragic situations back home. I never suggested they shouldn't be offered asylum (whether the US should or should not is a political/moral issue), just frustrated that the US accepts these asylum seekers (many of which are valid asylum seekers but also many from not-so-tragic backgrounds e.g. LatAm looking to take advantage of welfare in the States once naturalized) so readily over qualified people with skills who may actually advance science, medicine and technology in the US, and in my situation decided to invest one million USD in your country in order to make sure that 10 of your citizens are employed for the foreseeable future. I have spent 100k alone on lawyer fees over the past year, and a further 100k on living expenses over the last two years while volunteering in research.

How do you think illiterate asylum seekers survive if they don't manage to find jobs here? Where does the money for poverty handouts and food stamps come from, or subsidized housing?

Please don't say I am entitled - you have no idea how much time, personal and financial sacrifice and investment I have made in order to have a chance to train at some of the best medical institutions in the US. I have paid a big price to the come to the US not only in terms of money but also 2 years of working life lost.

 

[Gastrapathy]

OP, this got me curious so I looked at the USCIS website for this program and at the end of the page it says:

Work & Travel Authorization

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see the “Work Authorization” and “Travel Documents” links to the left under “Green Card Processes & Procedures.”

 

[Paddington]

BTW: This isn't a comment on your specific situation, but as a fellow immigrant I find this "million dollar investment green card" rule to be a pile of horse****. First of all, no real "investment" as a sane person would describe it is required. You can pay $1 million to have a house constructed (or $500K out in the sticks), claim on paper that "10 jobs were created" (seemingly quite liberal how that's assessed), and that satisfies the requirement. It's given rise to schemes like this:

http://www.springfieldnewssun.com/n...town-near-ohio-could-become-china-city/nNrWn/

And that's not a unique scheme by any means. I've read many articles in the paper about such things happening. The condo market in Miami (and to a lesser extent Las Vegas) is driven by foreigners looking for a place to park their black money. I wonder if these "investments" in costly condos are also paying off with green cards, which then means in state tuition for their kids, Medicare, Social Security, etc. These people are a much greater danger than the average immigrants who come here to work.

 

[mikejames85]

Agree the one million dollar rule is bull****, but USCIS are cracking down on a lot of investment immigration schemes and monitoring them to make sure that 10 US citizens are being employed per million dollars invested in the US, hence conditional GC. If the project fails to employ 10 persons, the conditional GC is not renewed.

In Australia, the UK, and Canada, the governments practically open their doors to foreign money and many are allowed to simply invest in government bonds with no risk at all. By applying for GC here, I risk losing 1 million USD AND getting kicked out after 2 years if my project fails. Don't understand why it would be so hard for the US to grant GC based on investment especially in these economic times. After all, it's not like the US will be flooded with alien entrepreneurs who want to invest one million dollars in the US so I don't see why they make it so difficult and inefficient to get a GC.

 

[mikejames85]

OP, this got me curious so I looked at the USCIS website for this program and at the end of the page it says:

Work & Travel Authorization

Generally, when you have a pending Form I-485, it is possible for you to apply for authorization to work in the United States and to seek advance parole (advance permission to travel and be admitted to the United States upon your return). For further information, see the “Work Authorization” and “Travel Documents” links to the left under “Green Card Processes & Procedures.”

I had a look on USCIS - my class of petition (I-526) is not allowed to file I-485 concurrently.

 

[Shinken]

... just frustrated that the US accepts these asylum seekers so readily over qualified people with skills who may actually advance science, medicine and technology in the US, and in my situation decided to invest one million USD in your country in order to make sure that 10 of your citizens are employed for the foreseeable future. I have spent 100k alone on lawyer fees over the past year, and a further 100k on living expenses over the last two years while volunteering in research.

Please don't say I am entitled - you have no idea how much time, personal and financial sacrifice and investment I have made in order to have a chance to train at some of the best medical institutions in the US. I have paid a big price to the come to the US not only in terms of money but also 2 years of working life lost.

Don't take this personally, I have nothing against you and wish you good luck with your plans. However, I don't understand how you can write the above and not see how entitled you actually sound. It's almost like you want to buy your way into a residency spot, or that you deserve a spot because you spent a lot of time and money on this.

I'm not interested in arguing this point, just wanted you to read your own post very carefully and realize you actually sound quite entitled. If you're curious, I'm a US citizen that became one by way of an F-1 visa, then H-1B visa, then Green Card. I understand your frustration with the system, but saying that you deserve to train in the US because you spent a lot of money and time will rub many people the wrong way.

Your biggest hurdle, as aPD suggested, is to make sure that your program realizes that you didn't "lie" in your application with malicious intent, it was a miscalculation and not a lie.

 

[SeekerOfTheTree]

No offense but you lied on your application about your legal status. It's irrelevant if it is in transition. I have been through this before and I believe there are legal ramifications for this type of dishonesty if it is discovered by the USCIS.

 

[Eplerenone]

Step 3 results are delayed till early June.
http://www.usmle.org/announcements/?ContentId=108

 

[IMvrach]

USCIS does not care about ERAS applications.

No offense but you lied on your application about your legal status. It's irrelevant if it is in transition. I have been through this before and I believe there are legal ramifications for this type of dishonesty if it is discovered by the USCIS.

 

[mikejames85]

Don't take this personally, I have nothing against you and wish you good luck with your plans. However, I don't understand how you can write the above and not see how entitled you actually sound. It's almost like you want to buy your way into a residency spot, or that you deserve a spot because you spent a lot of time and money on this.

I'm not interested in arguing this point, just wanted you to read your own post very carefully and realize you actually sound quite entitled. If you're curious, I'm a US citizen that became one by way of an F-1 visa, then H-1B visa, then Green Card. I understand your frustration with the system, but saying that you deserve to train in the US because you spent a lot of money and time will rub many people the wrong way.

Your biggest hurdle, as aPD suggested, is to make sure that your program realizes that you didn't "lie" in your application with malicious intent, it was a miscalculation and not a lie.

Sorry I never intended to come across as entitled - I know it was my fault for getting myself in this situation. Just frustrated and worried. I thought I could improve my chances at getting residency by applying for a green card, but may have backfired. I may have been better off saving the money and getting into a program that sponsors J-1 visa.

 

[billybob746]

Sorry I never intended to come across as entitled - I know it was my fault for getting myself in this situation. Just frustrated and worried. I thought I could improve my chances at getting residency by applying for a green card, but may have backfired. I may have been better off saving the money and getting into a program that sponsors J-1 visa.

Sorry bro, but US Citizens spend tons and tons of time and money to get through school and obtain a residency here. And do not lie in order to obtain one. No more lying, just tell the truth and see what happens. If it doesn't work out, I'm sorry it didn't, but you have nobody to blame but yourself. Quit whining.

 

[SeekerOfTheTree]

USCIS does not care about ERAS applications.

Question they ask you under oath is have you ever lied about your legal status. Along with if you are a status. But you could lie and say no. You have already done that before.

 

[IMvrach]

1. Do you have any proof that your statement is not a lie?
2. I don't get it, why are you saying this?

Edit. It seems you are confusing me with the OP.

1. Question they ask you under oath is have you ever lied about your legal status. Along with if you are a status. 2. But you could lie and say no. You have already done that before.

 

[SeekerOfTheTree]

1. Do you have any proof that your statement is not a lie?
2. I don't get it, why are you saying this?

Edit. It seems you are confusing me with the OP.

My bad. The point was it was a lie and the program could do whatever they wanted legally. He lied about his legal status.

 

[SeekerOfTheTree]

Number one didn't make sense.

Regardless he is screwed.

 

[IMvrach]

I meant you are over-dramatizing effects of his lying on ERAS application. It was obviously a match violation, but I sincerely doubt your assertion that at some stage of immigration processing one has to testify under oath that he/she absolutely never misrepresented his immigration status to anyone. I'm not a lawyer, but this absolutely makes no sense to me.

Number one didn't make sense.

Regardless he is screwed.

 

[NotAProgDirector]

To follow up:

1. Agree that almost no one is going to hold your spot for 6 months, esp since it could be even longer.

2. This investment GC you're getting, you lose it if your business fails? I'm not sure your program is going to be happy with that. Exactly how much time do you think you're going to have to put into a business while being a resident?

3. Given the USMLE Step 3 score delay, even an H1b will be delayed but presumably only by 2-3 months. Still a problem, but maybe a possibility.

4. You might be able to withdraw your GC application, and then get a J visa in time.

 

[IMvrach]

3. Why is it two-three months delay? Isn't it15 days using premium processing? The scores are available June 5th, so, unless consular processing takes long, he can have it by July 1st. (aPD, do you speak from your experience with H-1Bs? I am really interested myself in this issue, as I might have to convert my H-1B petition to premium and would like to know when late is too late.)
4. Unlikely as he's already demonstrated immigration intent.

To follow up:

3. Given the USMLE Step 3 score delay, even an H1b will be delayed but presumably only by 2-3 months. Still a problem, but maybe a possibility.

4. You might be able to withdraw your GC application, and then get a J visa in time.

 

[SeekerOfTheTree]

I meant you are over-dramatizing effects of his lying on ERAS application. It was obviously a match violation, but I sincerely doubt your assertion that at some stage of immigration processing one has to testify under oath that he/she absolutely never misrepresented his immigration status to anyone. I'm not a lawyer, but this absolutely makes no sense to me.

I took my citizenship oath in December. I had to do this. Along with saying I was never a terrorist.

 

[NotAProgDirector]

3. Why is it two-three months delay? Isn't it15 days using premium processing? The scores are available June 5th, so, unless consular processing takes long, he can have it by July 1st. (aPD, do you speak from your experience with H-1Bs? I am really interested myself in this issue, as I might have to convert my H-1B petition to premium and would like to know when late is too late.)
4. Unlikely as he's already demonstrated immigration intent.

#3 is a good point that I don't know the answer to. The OP also needs to have his/her diploma before he/she can apply for Step 3 (not sure what his/her timeline is). I guess I'm just used to H visa's taking awhile due to all of the steps involved. Perhaps it can happen faster.

 

[mikejames85]

#3 is a good point that I don't know the answer to. The OP also needs to have his/her diploma before he/she can apply for Step 3 (not sure what his/her timeline is). I guess I'm just used to H visa's taking awhile due to all of the steps involved. Perhaps it can happen faster.

I have already graduated and have ECFMG and my medical degree so can apply for step 3 immediately. It also seems like if I get all the paperwork together and file for expedited H1B processing I can have the visa and start work in 15 days. One thing I am still not sure about is whether I must only start on October 1st as that is when the cap-subject H1B's start.

 

[IMvrach]

Note that it's 15 days for USCIS processing. There is also some holding period during which your application just seats in an envelope. Also there is a consular processing stage, after your petition is approved.

If I understand the process, your best option is to apply for H-1B using standard processing some time ahead of Step 3. This option exists. Then when you have Step-3 score, convert to Premium. I heard it will save you several weeks. I suggest you consider contacting a lawyer familiar with physician's applications: you probably should be concerned that your lawyer believed H1-B can only start in October.

I have already graduated and have ECFMG and my medical degree so can apply for step 3 immediately. It also seems like if I get all the paperwork together and file for expedited H1B processing I can have the visa and start work in 15 days. One thing I am still not sure about is whether I must only start on October 1st as that is when the cap-subject H1B's start.

 

[mikejames85]

Note that it's 15 days for USCIS processing. There is also some holding period during which your application just seats in an envelope. Also there is a consular processing stage, after your petition is approved.

If I understand the process, your best option is to apply for H-1B using standard processing some time ahead of Step 3. This option exists. Then when you have Step-3 score, convert to Premium. I heard it will save you several weeks. I suggest you consider contacting a lawyer familiar with physician's applications: you probably should be concerned that your lawyer believed H1-B can only start in October.

Thank you for your advice IMrach. Can you explain more regarding the timescale and process for applying for H1B before passing Step 3 or when the results come out? Is there a place on the H1B form that asks for the Step 3 score? Or is passing Step 3 required at the very end just before H1B approval? Thanks!