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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108681
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have completed medical residency and presently pursuing

Customer Question

Hi I have completed medical residency and presently pursuing fellowship which ends next year May. I have applied for green card on exceptional ability and since then have been renewing my H1B visa every year. My previous hospital where I did residency was H1B cap exempt. But my present hospital of fellowship is not H1B cap exempt. My concern is what happens if my name doesn't come up in next year H1B lottery? My colleagues are now actively seeking job offers in different hospitals but given my visa and green card situation, everything seems so uncertain. Please advise.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

I assume you have never had a J-1 and if you did, that it is not subject to 212(e)? When does your current H-1B expire? What country were you born in? When did you file the EB-1 process?

Customer: replied 1 year ago.
Thank you for your response.
I never had J1 visa. I am from India. My present H1B visa expires in May. Applied for EB1 last year, have not got priority date. I was told it may take even 3 to 4 years to get the date.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

But you are in EB-1 applying under extraordinary ability or EB-2 under National Interest Waiver?

Customer: replied 1 year ago.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Which means that you do not need a PERM. When did you file the I-140? Did you file an I-485 with the I-140?

Customer: replied 1 year ago.
I have filed I140. What is I485?
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

When did you file the I-140? The I-140 is the first USCIS step to get Residency. The I-485 is the second USCIS step to get Residency.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.

Can you tell me WHEN you filed the I-140? And since it was in EB-1, why didn't you file the I-485 with it? It isn't necessarily a mistake not to file it together, but I was wondering why you hadn't.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

You should have filed the I-485 along with the I-140 since the I-140 in EB-1 category is current under the Priority Date. If your I-140 is still pending and is indeed in EB-1 category, you should file an I-485 along with an I-765 work permit application and an I-131 Advance Parole application and a copy of the I-140 receipt and ask that the files be merged. If all goes well, you will receive a work permit within 3 to 4 months and if your H-1B expires, you can still use the work permit to work.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

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