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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28189
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Ac21 change job same job but cut on salary more 50 %

Customer Question

Ac21 change job same job but cut on salary more 50 %
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Judith replied 7 months ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.What is your question?Judith
Customer: replied 7 months ago.
I have pending I-484 for about 10 months now, eb2 based on internal medicine job. Got offer to start fellowship in pulmonary and critical care which requires redidency and certification in internal medicine. So I am asking about change Job and work with ead. The salary will be more more less but the description of the job is the same.
Expert:  Judith replied 7 months ago.
Are you expecting your PD to become current before or after residency?I've done lots of FMGs and although job description is patient care for both, the job descriptions are not really the same.You are doing graduate medical training in fellowship. If you are asking if the AC21 would pass muster after fellowship then it would probably be OK, but same/similar where one is graduate medical training versus giving direct patient care without supervision could be an issue. While doing fellowship you are working under supervision in training.That combined with the reduction in wage could be major issues.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 7 months ago.
My pd current since applying but I heard from friends I can do fellowship in Ead if you are more than 180 days since application based on new memo November 2015 from uscis
Expert:  Judith replied 7 months ago.
First the Draft Memorandum has not yet been fully adopted.Here is the relevant section which pertains to your issueWhen determining whether two jobs are in the same or similar occupational classification(s) for purposes of 204(j) portability, ISOs should look at all relevant evidence. As noted above, such evidence includes, but is not limited to: ***** ***** duties, skills, experience, education, training, licenses or certifications required for the respective jobs; wages offered for those jobs; https://www.uscis.gov/sites/default/files/USCIS/Outreach/Draft%20Memorandum%20for%20Comment/PED-Draft_Same_or_Similar_Policy_Memorandum_-_11.20.15.pdfPage 5-6Obviously the same license, training, education and certification are not the same for an Internist and a Pulmonary/critical care sub-specialty.Also there is the significant wage differential between what a fellow is paid and what a board certified pulmonary/critical care physician.So yes, you can use your EAD to do the fellowship, but if during that time your adjustment comes up because you are current I strongly believe you are going to run into a problem.You can listen to your friends, but I am giving you the draft memo and reading it certainly shows that the considerations USCIS will look at can cause you issues.Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Customer: replied 7 months ago.
What I have to do to make sure changing job to fellowship is ok.l Which is job require liscnece and specific training . Have you had experience with similar cases
Expert:  Judith replied 7 months ago.
No one has had experience yet with the "Draft" Memo. There is no way to insure you will not have problems under the Memo. The wording is very clear. The certification for the two jobs are completely different and there is a big salary differential because you are in "training".Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.Judith
Expert:  Judith replied 7 months ago.
What you are asking me is like me asking if I was your patient and had a pulmonary embolism whether I will survive it or not. You can treat me for it but that does not mean it won't move to my heart or brain and kill me. Judith
Customer: replied 7 months ago.
Thanks for your answer. But I was lookingFellowshipis job , you get paid and require only residency and certification in internal medicine which I have.
Customer: replied 7 months ago.
Would you mind doing search and see if any one had similar cases ?
Customer: replied 7 months ago.
Can I keep doing moonlighting from previous work or ask for absence leave from my previous embloyer.
Expert:  Judith replied 7 months ago.
I don't seem to be able to show you the clear differences between working as a internist where a license and board certification were required and doing a graduate medical training program where you have no certification and are working under supervision.There is risk, just as there is risk with the example I gave you for treatment. The risk is big, for you, as it would be for me as a patient. It is a situation where you make your best argument but you have to look at what is working against you.We used to be able to get labor certs through for residents and fellows and cannot get them approved any more - policy changed about 10 years ago.So if they look at this the same way they gave guidance on not certifying residents and fellows you are going to be out of luck.There is no way to do such research you are asking for because there is no place cases are published. This "draft" just came out in Nov. Even if there are appeals it takes 2 years for an appeal case decision so in 2 years I could research it. So all you have to go on now is the wording in the draft.Judith
Expert:  Judith replied 7 months ago.
If you have a contract for a 40 hour a week moon-lighting job that would work. How you could do that working a fellowship is beyond my imagination.Leave of absence isn't going to cut it because you have to assume the position you were certified for and for which you have the approved petition immediately upon approval of the adjustment.Judith
Expert:  Judith replied 7 months ago.
You want your cake and want to eat it too.Life doesn't always work that way,especially with immigration.Your only safe way is to defer your fellowship a year and wait to get your adjustment.Judith
Customer: replied 7 months ago.
Thank you agin and got most of you are saying. One thing is the fellowship I am going to require complete residency and certification in internal medicine to apply to it,,,,so isn't just medical degree which the same thing described in my labor certificate
Expert:  Judith replied 7 months ago.
Actually the guidance became policy on March 18th. That doesn't change anything because cases in the pipeline would not yet have been adjudicated under the policy because USCIS has to do adjudicator training now before the adjudicators implement the policy as intended.I understand the fellowship requirements I have been doing doctors since the 1980s. It is apples and oranges, just because the fellowship requires internal medicine cert does not mean you are qualified to practice pulmonary/critical care medicine. You are training to do that.Judith
Expert:  Judith replied 7 months ago.
I wish I could tell you what you want to hear. I'm not going to compromise my professional integrity to make you feel good and hear what you want to hear. I hold myself to a higher standard than to lead you down a path that could make you leave the country because your adjustment is denied.I have given you excellent service, an honest and professional answer and just as your time has value, I hope your respect my time also has value with rating.Judith

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