danzx8
Forum Newbie
Topics: 10
Posts: 13
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Hi there,
I hope someone can help me with this question.
I few years ago the hospital where I work sposnored me in EB-2 category for green card, and the I-140 was approved. My I-485 is still pending. Technically, it should have already been reviewed, but for some reason it is not. The problems is that since my immigration case was an EB-2 (oustanding researcher) category, I must maintain my research position in order to qualify for green card.
Now, I have applyied for residency position, and I was planning to participate in Match. However, my worry is: let's assume I match. And let's assume I still haven't got my green card by July. What is going to happen then? Will I violate Match agreement if I refuse to accept the residency position, even if they offer me J-1 visa or ask me to start the residency with the Employment authorization document, that I currently have?
Any comments would be appreciated.
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| God's child
Forum Junior
Topics: 8
Posts: 54
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i think it would be a violation of the Match agreement..not sure, though..make an informed decision before u go 4 anything..gl
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| an
Forum Guru
Topics: 19
Posts: 437
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if u applied in the NIW(national interest waiver) category of EB2 then yes, u can change jobs, ie from researcher to reident doc, no probs..coz NIW is a self-petition.
the other provision in the EB category is that after 180 days of I485 processing, u can change jobs but they have to be in the similar field(maybe if u can continue doing some research work even during residency, that could be proven)...just remember that u need to do all this with a good immigration attorney so that even if the USCIS does question u regarding change of job, ur lawyer can file the necessary petitions...
i dont think u should take a J1 at this stage in ur GC process...if things dont work out then, IMHO, withdraw from the match, but don't risk the GC process, not when it's in this final stage.
finally, these r only my thoughts..i am no immigration expert, just another person who is currently in the "I485-filed, waiting for GC" category.
___________________
I don't believe in miracles...I rely on them. And sometimes, I create my own.
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| kald
Forum Junior
Topics: 4
Posts: 35
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an,
Thank you for step 3 guidelines, it helped a lot. I have a situation where my spouse is in the waiting list for I-485 processing and if I match and have to take a J1, does his green card get affected in anyway?
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| bbb
IM Program Coordinator
Topics: 31
Posts: 4,784
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kald wrote:
an,
Thank you for step 3 guidelines, it helped a lot. I have a situation where my spouse is in the waiting list for I-485 processing and if I match and have to take a J1, does his green card get affected in anyway?
CHECK WITH YOUR IMMIGRATION ATTORNEY!!! His green card may not be affected, but if you are looking for one, it may be affected if you accept a J1 visa.
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bbb - trying to combine common sense and humour into realistic answers, but not going to guess on anyone's chances of getting into a position....
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| danzx8
Forum Newbie
Topics: 10
Posts: 13
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Thanks a lot for response.
Whey you say I can withdraw from the match, does it mean that
- I can participate in the MATCH, get matched to a particular program, and then, if I still don't have my green card, just tell them that I can't start the program
- OR does it mean that I shouldn't submit my ranking list at all.
Thanks
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| an
Forum Guru
Topics: 19
Posts: 437
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don't submit a rank list at all..matching and not starting would have repercussions of it's own..again, double check with lawyers..get more opinions..
___________________
I don't believe in miracles...I rely on them. And sometimes, I create my own.
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| kald
Forum Junior
Topics: 4
Posts: 35
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bbb,
thank you!
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