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

[IMvrach]

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My lawyer has an option to file the application before step 3 is ready. I'm not a lawyer and did not see the form myself. As I understand, with regular processing first they hold your application in the envelope, then they open the envelope, register your application and continue waiting, before starting any processing. Step 3 is required only when they actually process your application, which not happens for two months or more. So if your lawyer files regular a month before you have the score, you save the first waiting period. Then if you convert to premium, USCIS can process in several day as your application is already registered. But again, consult a competent lawyer.

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!

 

[sam1999]

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. 😕

It seems like you have applied for EB5 based green card. There is no such thing like magic bullet as BCIS (immigration department) can ask for very detail review of your funds etc which can further delay visas.

For H1b there is no need to worry whether you have applied for green card or shown immigration intent. Only thing is you need sponsor for your visa. For residency means you must pass step 3.

I have not read all the posts but it seems like you have provided inaccurate information (deception) when you applied via ERAS. ERAS does NOT has only 1 option whether you have green card or not as it has other options as well like EAD (employment authorization card) etc. Many programs don't want to take IMG because of visa issues. You have told that you have GC and now your status is in processing. It will depend upon your PD, Some may be mad and some don't. In the past I have seen many programs have waited for 7 months and that was due to name check/back ground issues.

For H1b you don't need to wait until October. Most residency programs are non-profit and and non-profit are exempt for quota. All you need to do is take Step 3 and apply for H1b via premium processing and this way you will get your H1b in 2 weeks. Premium processing fees is like $1000+. If you can afford EB5 then I suppose you can pay this fees as well.

 

[sam1999]

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.

For #2- I would think he has applied under special program where he only has to invest NOT manage the investment. But overall business still has to be there like 2 years from either initial investment or day he gets his conditional green card.

For #4. Once you have applied for GC, you have shown immigration intent. Even if you withdraw your application your intent was still there. Here state department has biased views. For any one from northern European countries it is not an issue but for rest of world it is.

For example. I knew a former colleage from Germany whose wife is US citizen. He had no problem getting J1 visa. But for any one else from other parts of world like asia or eastern Europe is a big issue. Why? Since your spouse is US citizen you automatically has immigration intent so apply for green card. I have heard some people just want to visit USA but for state department answer is NO because one spouse is US citizen.

For original poster his choice was deception for sure if Not illegal.

 

[BPD-DS]

sorry for bringing back this topic! Does anyone know what happened to him in the end? I am almost in the same situation. I won a DV and according to the previous years visa bulletin (if lucky ) my visa number should become current about June. But as we all know how things might get delayed with USCIS, I am very worried whether or not accept a position. It is a position at a top university hospital. (top 10). This is why it is so difficult to reject the offer. On the one hand, my green card plans may not go as planned and I might just end up like mikejames85 . On the other hand one might say that if my visa number becomes current in June then theoretically I should receive the Combo EAD /AP card not later than August. Then I could negotiate with my PD to start me off cycle. I have an advantage over mikejames85 though and that is the position that I am being offered is at the same institute that I am currently doing research under a research J1. I talked with the HR officer and he said it's OK to attend the hospital with a Research J till I get my GC . But I do not know if my PD will accept it as I won't be able to have patient contact then! The official curriculum has only 21 days off in a year so I do not know how long I can hope to be off cycle!
What should I do? wait for another year and turn down a very generous offer from the chairman and basically lose my credit in his mind? Or should I do it the risky way, hoping that my visa number becomes current on June and I receive the EAD around August?

 

[NotAProgDirector]

Here's an idea:

Why don't you ask the PD?

 

[gutonc]

Here's an idea:

Why don't you ask the PD?

There you go again...talking all crazy.

 

[BPD-DS]

I do not agree with what mikejames85 did on his application, basically providing false information. This is why in my ERAS I marked "pending application for Green Card" . On the other hand, going to the interview and specifically highlighting it for the PD that I may have visa problems might not be wise either. All people do during interviews is try to sell oneself not pointing out their weaknesses.

Honestly speaking if I was sure that I will have problems I would have definitely told the PD. But I am thinking of the scenario that my GREEN card just comes in time. Then if I have already told the PD, I have ruined my chances of matching simply for no reason!

 

[BPD-DS]

I am 99 % sure that my visa number will become current about JUN- JUL- AUG meaning that I will have my USCIS interview in one of those months (planning for AOS). The problem is that as far as I know( and please correct me if I am wrong) after the USCIS officer accepts the case it takes almost 40 to 90 days to receive your EAD(employment authorization document ). This last 40 t0 90 days would add to the prior delay (if I get accepted in Jul /Aug) and will cause problems.

 

[BPD-DS]

Now my question :

Is it possible to get any receipt from the USCIS officer that my application for GC has been granted? Can I start my residency WITH SUCH A NOTE immediately after the USCIS acceptance interview or do I have to wait for the EAD to be physically in my hand? Is there any fast track for this 40-90 days period under special circumstances for example "special hardship" ? Am I still considered illegal if I start my residency if I have been granted the GC status but have not yet received the EAD card itself? Is there any loophole anywhere?

 

[Raryn]

Now my question :

Is it possible to get any receipt from the USCIS officer that my application for GC has been granted? Can I start my residency WITH SUCH A NOTE immediately after the USCIS acceptance interview or do I have to wait for the EAD to be physically in my hand? Is there any fast track for this 40-90 days period under special circumstances for example "special hardship" ? Am I still considered illegal if I start my residency if I have been granted the GC status but have not yet received the EAD card itself? Is there any loophole anywhere?

I'd ask an immigration lawyer... You've spent so much time and money in this process, why not be more certain than random people on the internet?

 

[NotAProgDirector]

There is no loophole that I know of. You must have an EAD to be hired. You can't be a resident without being hired. I just faced a similar situation with an intern who married a US citizen. Took a number of months to get her started. We decided to hold her spot -- but we didn't have to.

 

[Shikima]

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

Or a communist..... Socialist, that's another story.... 🤔

 

[BPD-DS]

Thank you very much aProgDirector. I am currently a research fellow at the same institute and so far I have had many many patient contacts here. I have been both to the clinics and ORs(despite the fact that they say under a research J visa you are not allowed to have any patient contact). Is the following plan feasible to you:

I will extend my research J1 visa with them,won't get hired as a resident for the first 2 months, just do my first months as an observer/RESEARCHER who does all the trivia floor jobs , writes the notes etc. but my senior signs off the orders and important things for me? thanks again

 

[NotAProgDirector]

This will be up to your program, but I expect the answer will be "Absolutely not". You could (possibly) continue in your current research position on your J awaiting your EAD. But you cannot fill any role in the residency program until you have valid status. Breaking this law would constitute Medicare fraud, which is punishable by $10,000 per offense. Just to be clear, each note you write signed by your seniors is "an offense", so the fine could be millions of dollars.

 

[BPD-DS]

OMG! I really hope they orient us legally before starting the residency! These things are really different back in my country. Perhaps I can only be an observer and take part in scientific sessions/research/rounds/M&M conferences!?

 

[NotAProgDirector]

Usually you can attend conferences (if they are open to the public). You cannot go on patient rounds. You might be able to do research, although you will usually not be allowed access to medical records (which might limit what you can do). But you could work with a dataset devoid of PHI.

 

[Elixir6]

Now my question :

Is it possible to get any receipt from the USCIS officer that my application for GC has been granted? Can I start my residency WITH SUCH A NOTE immediately after the USCIS acceptance interview or do I have to wait for the EAD to be physically in my hand? Is there any fast track for this 40-90 days period under special circumstances for example "special hardship" ? Am I still considered illegal if I start my residency if I have been granted the GC status but have not yet received the EAD card itself? Is there any loophole anywhere?

Why don't you just apply for an EAD. It takes between weeks to a 3 months max to get one of these. Then no matter what you would have an EAD in case it takes a while for the GC to actually arrive in your hand.

I am also wondering what happened to OP. Did he get kicked out or what the hell. Definitely should not lie on your ERAS or anywhere thinking you will definitely have a certain immigration status before residency starts when you actually don't have that status

 

[Mercedesbel]

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. 😕

Hello. Can you give me an update on this please?? I am in a similar position. I would be very grateful if you contacted me.

Thank you very much

 

[bannie22]

You would probably wanna bring this up to your program coordinator/director and your GME office.

I actually find this situation a serious violation of professionalism.
Citing that you are something/someone you are not in your application is a very underhanded way of attempting to improving your chances at the match.

 

[Winged Scapula]

Hello. Can you give me an update on this please?? I am in a similar position. I would be very grateful if you contacted me.

Thank you very much

he has not logged in in over two years so you are unlikely to get a response.

 

[Mercedesbel]

he has not logged in in over two years so you are unlikely to get a response.

Thanks

 

[Mercedesbel]

You would probably wanna bring this up to your program coordinator/director and your GME office.

I actually find this situation a serious violation of professionalism.
Citing that you are something/someone you are not in your application is a very underhanded way of attempting to improving your chances at the match.

I said similar situation, not the same. I did not lie in my application therefore didn't violate anything. Do not accuse without knowing the entire situation. Thank you very much.