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Visa Backlogs-Retaining Prior I-140 Priority Date

RETAINING A PRIORITY DATE FROM PRIOR EMPLOYMENT-BASED (EB) I-140 IMMIGRANT VISA PETITIONS

ELIGIBILITY TO RETAIN EARLIER I-140 PRIORITY DATE

With backlogs in the visa bulletin for many employment-based preference categories, especially for those born in India, China, Philippines, and Mexico, employers and foreign nationals should consider whether visa applicants can rely on a previously filed green card petition to establish a priority date. If the previous I-140 was approved, the foreign nationals may retain and utilize its priority date for future petitions regardless of whether an adjustment of status petition was previously filed or denied. As such, an I-485-adjustment of status petition may be filed with a newly approved I-140 which will assume the priority date of the previously approved I-140 petition.

For foreign nationals in a backlogged employment-based category, an earlier priority date may reduce and potentially eliminate any time that the foreign national must wait before an immigrant visa is available. If in the U.S., foreign nationals can apply for adjustment of status, advanced parole, and work authorization (EAD card) earlier than if forced to rely solely on the priority date of the current petition. For employers, this means that the quality workers they decided to sponsor for green cards may be able to start working and benefitting the employer sooner than anticipated.

 ELIGIBILITY TO RETAIN EARLIER I-140 PRIORITY DATE

To be eligible to retain an earlier priority date from a previously approved immigrant petition, the following conditions must be met:

  • The foreign national was the beneficiary of a previously approved immigrant visa petition (I-140) in the following employment-based categories: EB-1, EB-2, or EB-3;
  • The foreign national must be currently the beneficiary of an employment-based immigrant petition under either the EB-1, EB-2, or EB-3 preference categories; and
  • The previous employment-based immigrant petition was not revoked due to fraud or misrepresentation

[8 C.F.R. 205.3 (e)]
[9 FAM 42.53 N3.6]
[AFM § 22.2 (d)(1)]

Please contact Attorney Uche Asonye or Pamela Rangel, at Asonye & Associates - (312) 795-9110 with questions about employment-based priority dates, AC21 Portability, the Visa Bulletin and other issues concerning PERM Labor Certifications and I-140 Petitions.

US State By State Physician Licensing Requirements

FOREIGN MEDICAL GRADUATES (FMGs/IMGs) - US STATE BY STATE PHYSICIAN LICENSING REQUIREMENTS

Most US visas for foreign-trained physicians (IMGs/FMGs) require a medical licence or other authorization to practice in the state of intended employment. Physicians seeking J-1 visa or national interest waiver jobs may contact each state to determine the physician licensing requirements. Review the state by state physician licensing requirements.

ALABAMA
Alabama State Board of Medical Examiners
P.O. Box 946
Montgomery, AL 36101-0946
848 Washington Avenue, AL 36104
Phone: (334) 242-4116
Fax: (334) 242-4155
Larry D. Dixon, Executive Administrator
www.albme.org

 ALASKA
Alaska State Medical Board
550 W. 7th Ave., Suite 1500
Anchorage, AK 99501
Phone: (907) 269-8163
Fax: (907) 269-8196
Leslie A. Gallant, Executive Administrator
https://www.commerce.alaska.gov

 ARIZONA
Arizona Board of Medical Examiners
9545 East Doubletree Ranch Road
Scottsdale, AZ .85258
Phone: (480) 551-2700
Fax: (480) 551-2701
Barry A. Cassidy, Executive Director 
www.azmd.gov/

ARKANSAS
Arkansas State Medical Board
2100 Riverfront Dr.
Little Rock, AR 72202
Phone: (50 I) 296-1802
Fax: (501) 603-3555
Peggy Pryor Cryer, Executive Secretary
office@armedicalboardorg
www.armedicalboard.org

CALIFORNIA
Medical Board of California
1426 Howe Ave., Suite 54
Sacramento, CA 95825-3236
Phone: (916) 263-2389
Fax: (916) 263-2387
(800) 633-2322
Ronald Joseph, Executive Director
http://www.mbc.ca.gov/Breeze/

COLORADO
Colorado Board of Medical Examiners
1560 Broadway, Suite 1300
Denver, CO 80202-5140
Phone: (303) 894-7690
Fax: (303) 894-7692
Susan Miller, Program Director
www.dora.state.co.us/medical

CONNECTICUT
Connecticut Medical Examining Board
P.O. Box 340308
Hartford, CT 06134-0308
410 Capitol Ave. MS13PHO)
Phone: (860) 509-7648
Fax: (860) 509-7553
Licensing Information, (860) 509-7603
http://www.portal.ct.gov/

DELAWARE
Delaware Board of Medical Practice
P.O. Box 1401
Dover, DE 19903
861 Silver Lake Blvd., Cannon Building, Suite 203, Dover, DE 19904)
Phone: (302) 739-4522
Fax: (302) 739-2711
https://dpr.delaware.gov/boards/medicalpractice/

DISTRICT OF COLUMBIA
District of Columbia Board of Medicine
825 North Capital Street, NE, 2nd Floor
Washington, DC 20002
Phone: (202) 442-9200
Fax: (202) 442-9431
James R. Granger, Jr., Executive Director
http://dchealth.dc.gov

FLORIDA
Florida Board of Medicine
4052 Bald Cypress Way, BIN #C03
Tallahassee, FL 32399-1753
Phone: (850) 245-4131
Fax: (850) 488-9325
Larry G. McPherson, Jr., J.D., Executive Director
www.doh.state.fl.us/mqa

GEORGIA
Georgia Composite State Board of Medical Examiners
2 Peachtree Street, NW, 6th Floor
Atlanta, GA 30303-3465
Phone: (404) 656-3913
Fax: (404) 656-9723
LaSham Hughes, Executive Director 
http://medicalboard.georgia.gov/portal/site/GCMB/ 

HAWAII
Hawaii Board of Medical Examiners
Dept. of Commerce & Consumer Affairs
P.O. Box 3469
Honolulu, HI 96801
1010 Richards St. Honolulu, HI 96813
Phone: (808) 586-3000
Fax: (808) 586-2874
Constance Cabral-Makanani, Executive Officer
http://hawaii.gov/dcca/areas/pvl/boards/medical/

IDAHO
Idaho State Board of Medicine
Statehouse mail
P.O. Box 83720
Boise, ID 83720-0058
1755 Westgate Dr., Ste. 140, Boise, ID 83704
Phone: (208) 327-7000
Fax: (208) 327-7005
Nancy Kerr, Executive Director
https://bom.idaho.gov

ILLINOIS
Illinois Department of Professional Regulation
320 W. Washington St.
Springfield, IL 62786
Phone: (217) 785-0800
Fax: (312) 814-1837
Fernando E. Grillo, Director
http://www.idfpr.com/

INDIANA
Indiana Health Professions Bureau
402 W. Washington St., Room 041
Indianapolis, IN 46204
Phone: (317) 232-2960
Fax: (317) 233-4236
Lisa R. Hayes, Executive Director
www.ai.org/hpb

IOWA
Iowa Board of Medical Examiners
400 Southwest Eighth Street, Suite C .
Des Moines, IA 50309-4686
Phone: (515) 281-5171
Fax: (515) 242-5908
Ann Mowery, Ph.D., Executive Director
http://medicalboard.iowa.gov/

KANSAS
Kansas Board of Healing Arts
235 SW Topeka Blvd.
Topeka, KS 66603-3068
Phone: (785) 296-7413
Fax: (785) 296-0852
Lawrence Buening, Jr., ID., Executive Director
http://www.ksbha.org/

KENTUCKY
Kentucky Board of Medical Licensure
Hurstboume Office Park
310 Whittington Parkway, Suite 1B
Louisville, KY 40222-4916
Phone: (502) 429-8046
Fax: (502) 429-9923
C. William Schmidt, Executive Director
www.kbml.ky.gov

LOUISIANA
Louisiana State Board of Medical Examiners
P.O. Box 30250
New Orleans, LA 70190-0250
630 Camp St., New Orleans, LA 70130
Phone: (504) 568-6820
Fax: (504) 568-8893
John Bobear, Executive Director
www.lsbme.org

MAINE
Maine Board of Licensure in Medicine
137 State House Station (U.S. mail)
2 Bangor Street, 2nd Floor (delivery service)
Augusta, ME 04333
Phone: (207) 287-3601
Fax: (207) 287-6590
Randal C. Manning, executive director
www.docboard.org/me/me_home.htm

MARYLAND
Maryland Board of Physician Quality Assurance
P.O. Box 2571
Baltimore, MD 21215-0095
4201 Patterson Ave., 3d Floor, Baltimore, MD 21215
Phone: (410) 764-4777
Fax: (410) 358-2252
(800) 492-6836
C. Irving Pinder, Executive Director
www.mbp.state.md.us

MASSACHUSETTS
Massachusetts Board of Registration in Medicine
560 Harrison Avenue, Suite G-4,
Boston, MA 02118
Phone: (617) 654-9800
Fax: (617) 426-9358
(800) 377-0550
Nancy Achin Audesse, Executive Director
www.massmedboard.org

MICHIGAN
Michigan Board of Medicine
P.O. Box 30670
Lansing, MI 48909-7518
611 W. Ottawa St, 1st floor, Lansing MI, 48933
Phone: (517) 373-6873
Fax: (517) 373-2179
Melanie Brim, Licensing Director
https://www.michigan.gov

MINNESOTA
Minnesota Board of Medical Practice
University Park Plaza
2829 University Ave. SE, Suite 400
Minneapolis, MN 55414-3246
Phone: (612) 617-2130
Fax: (612) 617-2166
Hearing impaired 1-800-627-3529
Robert A. Leach, J.D., Executive Director
www.bmp.state.mn.us

MISSISSIPPI
Mississippi State Board of Medical Licensure
1867 Crane Ridge Drive, Suite 200B
Jackson, MS 39216
Phone: (601) 987-3079
Fax: (601) 987-4159
W. Joseph Burnett, M.D., Director
http://www.msbml.ms.gov/

MISSOURI
Missouri State Board of Registration for the Healing Arts
P.O. Box 4
Jefferson City, MO 65102
3605 Missouri Blvd., Jefferson City, MO 65109
Phone: (573) 751-0098
Fax: (573) 751-3166
Tina M. Steinman, Executive Director
http://pr.mo.gov/healingarts.asp

MONTANA
Montana Board of Medical Examiners
P.O. Box 200513
Helena, MT 59620-0513
301 S. Park Ave., 4th floor, Helena, MT 59620-0513
Phone: (406) 841-2360
Fax: (406) 841-2363
Jeannie Worsech, Executive Director
http://bsd.dli.mt.gov/license/bsd_boards/med_board/board_page.asp

NEBRASKA
Nebraska Health and Human Services,
Regulation and Licensure Credentialing Division
P.O. Box 94986
Lincoln, NE 68509-4986
301 Centennial Mall South, Lincoln, NE 68508)
Phone: (402) 471-2118
Fax: (402) 471-3577
Dick Nelson, Director
http://dhhs.ne.gov/licensure/Pages/Medicine-and-Surgery.aspx

NEVADA
Nevada State Board of Medical Examiners
P.O. Box 7238
Reno, NY 89510
1105 Terminal Way, Suite 301, Reno, NY 89502
Phone: (775) 688-2559
Fax: (775) 688-2321
Larry D. Lessly, J.D., Executive Director
http://medboard.nv.gov/

NEW HAMPSHIRE
New Hampshire Board of Medicine
2 Industrial Park Drive, Suite 8
Concord, NH 03301-8520
Phone: (603) 271-1203
Fax: (603) 271-6702
complaints (800) 780-4757
Penny Taylor, Administrator
www.state.nh.us/medicine

NEW JERSEY
New Jersey State Board of Medical Examiners
P.O. Box 183
Trenton, NJ 08625
140 E. Front Street, 2nd Floor, Trenton, NJ 08625
Phone: (609) 826-7100
Fax: (609) 826-7117
www.state.nj.us/lps/ca/medical/bme.htm

NEW MEXICO
New Mexico State Board of Medical Examiners
Lamy Building, 2nd Floor
491 Old Santa Fe Trail
Santa Fe, NM 87501
Phone: (505) 827-5022
Fax: (505) 827-7377
 http://www.nmmb.state.nm.us/

NEW YORK 

New York State Board for Medicine (Licensure)
89 Washington Avenue, 2nd Floor, West Wing
Albany, NY 12234-1000
Phone: (518) 474-3817 Ext. 560
Fax: (518) 486-4846
Thomas J. Monahan, Executive Secretary
http://www.op.nysed.gov/prof/med/

NORTH CAROLINA
North Carolina Medical Board
P.O. Box 20007
Raleigh, NC 27619-0007
1201 Front Street, Raleigh, NC 27609
Phone: (919)326-1100
Fax: (919) 326-1130
Andrew W. Watry, M.P.A., Executive Director
www.ncmedboard.org

NORTH DAKOTA
North Dakota State Board of Medical Examiners
City Center Plaza
418 E. Broadway, Suite 12
Bismarck, ND 58501
Phone: (701) 328-6500
Fax: (701) 328-6505
Rolf P. Sletten, JD, Executive Secretary/Treasurer
https://www.ndbom.org/

OHIO
State Medical Board of Ohio
77 S. High St., 17th Floor
Columbus, OH 43266-0315
Phone: (614) 466-3934
Fax: (614) 728-5946
(800) 554-7717
Tomas A. Dilling, Executive Director
http://www.med.ohio.gov/

OKLAHOMA
Oklahoma State Board of Medical Licensure and Supervision
P.O. Box 18256
Oklahoma City, OK 73154-0256
5104 N. Francis, Suite C, Oklahoma City, OK 73118,
Phone: (405) 848-6841
Fax: (405) 848-8240
(800) 381-4519
Lyle Kelsey, C.A.E., Executive Director
http://www.okmedicalboard.org/

OREGON
Oregon Board of Medical Examiners
Kathleen Haley, lD., Executive Director
620 Crown Plaza
1500 SW First Avenue
Portland, OR 97201-5826
Phone: (503) 229-5770
Fax: (503) 229-6543
Kathleen Haley, J.D., Executive Director
  http://licenseinfo.oregon.gov/

PENNSYLVANIA
Pennsylvania State Board of Medicine
P.O. Box 2649
Harrisburg, PA 17105-2649
124 Pine Street, Harrisburg, PA 17101
Phone: (717) 787-2381
Fax: (717) 787-7769
Joanne Troutman, Administrator
http://www.dos.pa.gov/ProfessionalLicensing/BoardsCommissions/Medicine/Pages/default.aspx

RHODE ISLAND
Rhode Island Board of Medical Licensure and Discipline
3 Capitol Hill Room 205
Providence, RI 02908
Phone: (401) 222-3855
Fax: (401) 222-2158
Robert Crausman, M.D., Chief Administrative Officer
http://www.health.ri.gov/hsr/bmld/

SOUTH CAROLINA
South Carolina Department of Labor, Licensing and Regulation
Board of Medical Examiners
P.O. Box 11289
Columbia, SC 29211-1289
110 Centerview Dr., Ste. 202, Columbia, SC 29210
Phone: (803) 896-4500
Fax: (803) 896-4515
John Volmer, interim Board Administrator
www.llr.state.sc.us/pol/medical

SOUTH DAKOTA
South Dakota State Board of Medical and Osteopathic Examiners
1323 S. Minnesota Ave.
Sioux Falls, SD 57105
Phone: (605) 334-8343
Fax: (605) 336-0270
L. Paul Jensen, Executive Secretary
www.state.sd.us/dcr/medical

TENNESSEE
Tennessee Board of Medical Examiners
1st Floor, Cordell Hull Building
425 5th Ave. North
Nashville, TN 37247-1010
Phone: (615) 532-3202
Fax: (615) 253-4484
Rosemarie Otto, Executive Director
http://health.state.tn.us/Boards/ME/

TEXAS
Texas State Board of Medical Examiners
P.O. Box 2018
Austin, TX 78768-2018
333 Guadalupe, Tower 3, Ste. 630, Austin, TX 78701
Phone: (512) 305-7010
Fax: (512) 305-7008
Disciplinary Hotline (800) 248-4062
Consumer Complaint Hotline (800) 201-9353
Jerry T. Walker, Interim Executive Director
http://www.tmb.state.tx.us/

UTAH
Utah Department of Commerce Div. of Occupational & Professional Licensure
P.O. Box 146741
Salt Lake City, UT 84114-6741
Heber M. Wells Building, 4th Floor,
160 E 300 South, Salt Lake City, UT 84102)
Phone: (801) 530-6628
Fax: (801) 530-6511
Craig Jackson, Division Director
www.dopl.utah.gov

VERMONT
Vermont Board of Medical Practice
108 Cherry Street
Burlington, VT 05401
Phone: (802) 657-4220
Fax: (802) 657-4227
Paula DiStabile, Executive Director
http://healthvermont.gov/

 VIRGINIA
Virginia Board of Medicine
6606 W. Broad St., 4th Floor
Richmond, VA 23230-1717
Phone: (804) 662-9908
Fax: (804) 662-9517
William L. Harp, MD, Executive Director
  http://www.dhp.virginia.gov/medicine/

WASHINGTON
Washington Medical Quality Assurance
Commission
P.O. Box 47866
Olympia, WA 98504-7866
310 Israel Road SE, Tumwater, WA 98501
Phone: (360) 236- 4700
Fax: (360) 236-4768
Doron Maniece, Executive Director
www.doh.wa.gov

WEST VIRGINIA
West Virginia Board of Medicine
10I Dee Drive
Charleston, WV 25311
Phone: (304) 558-2921
Fax:(304) 558-2084
Ronald D. Walton, Executive Director
www.wvdhhr.org/wvbom/

WISCONSIN
Wisconsin Medical Examining Board
Dept. of Regulation & Licensing
P.O. Box 8935
Madison, WI 53708-8935
1400 E. Washington Ave., 53703
Phone: (608) 266-2112
Fax:(608) 267-0644
Tom Ryan, Director
 http://dsps.wi.gov/Home

WYOMING
Wyoming Board of Medicine
21 I W. 19th St., Colony Bldg., 2nd floor
Cheyenne, WY 82002
Phone: (307) 778-7053
Fax: (307) 778-2069
Carole Shotwell, J.D., Executive Secretary
http://wyomedboard.state.wy.us/

Adjustment of Status - Green Card

Green Card - Adjustment of Immigration Status Petition for Aliens in the United States 

This procedure allows certain aliens already in the United States to apply for immigrant status. Aliens admitted to the United States in a nonimmigrant, refugee, or parolee category may have their status changed to that of lawful permanent resident if they are eligible to receive an immigrant visa and one is immediately available. In such cases, the alien is classified as an immigrant as of the date of adjustment, even though the alien may have been in the United States for an extended period of time. Beginning in October 1994, section 245(i) of the INA allowed illegal residents who were eligible for immigrant status to remain in the United States and adjust to permanent resident status by applying at a USCIS office and paying an additional penalty fee. Section 245(i) is no longer available unless the alien is the beneficiary of a petition under section 204 of the Act or of an application for a labor certification under section 212(a)(5)(A), filed on or before April 30, 2001. And, if filed after January 1, 1998, the alien must have been present in the United States on December 21, 2000. Prior to October 1994, most illegal residents were required to leave the United States and acquire a visa abroad from the Department of State as they are again now.

Those who have adjustment of status petitions pending, and need to travel, may need advance parole.

Permanent Residents, who intend to travel outside of the U.S. for an extended period, may need to apply for re-entry permits, in order to re-enter.

Click here to read USCIS memorandum on the Extension of Validity of Medical Certifications.

FAQs for  Marriage Based Petitions

Moonlighting Visas for Physicians, J-1 Waiver National Interest Waivers and H-1B TN & PERM FMGs/IMGs

Foreign Medical Graduate (FMGs/IMGs) physicians presently employed by one medical facility but wish to moonlight at another need to consult an experienced attorney because of the complex requirements, qualifications and constraints imposed by the different visas and processes. This especially true for physicians who are bound to complete a waiver service due to a prior J-1 visa or a pending national interest waiver petition. Those physicians who seek green card or waiver self-sponsorship faced additional complexities requiring consultation with an experienced attorney in the area. The following is a review of the options that may be available to moonlighting physicians.

Concurrent H-1B Visa For Moonlighting Physicians

H-1B visas are employer-specific. In other words, H-1B visa holders may only work for the employer who sponsored it. In order to moonlight or work for another employer, the physician must apply for another H-1B visa to be sponsored by a second employer (concurrent H-1B Visa). The duration of the second (concurrent H-1B) can be different from the first and part-time or flexible concurrent employment is supported by the new H-1B visa. Note that the concurrent H-1B may be approved even for an H-1B position subject to the cap even though the original H-1B visa is cap-exempt. This presents a significant advantage for H-1B visa holders who are in the process of completing the waiver service with a visa that is cap exempt. In any event, it is important to note that physicians seeking to moonlight must continue to meet their J-1 visa/national interest waiver service obligations.

TN Visa For Moonlighting Physicians

Our main visa options page for physicians reviews the general requirements for the TN visa status for Canadian and Mexican professionals. This visa can be used by moonlighting physicians in very limited fashion, if at all. It only permits physicians to engage in research and teaching activities and only in patient care incidental to those activities. This visa also poses problems for those physicians in the green card process as it does not permit dual intent as the H-1B visa does.

E-3 Visa For Moonlighting Australian Physicians

This option for Australian physicians is comparable to the H-1B visa above. It is not subject to the H-1B visa caps. However, premium processing is only available after appropriate regulations are made available. As such, processing times may be longer as H-1B visa portability is not supported by this option.

Moonlighting Visas for Physicians With Approved PERM Labor Certification Petitions

Physician with approved PERM labor certification applications may file I-140 green card petitions. Assuming that the visa numbers are available through the visa bulletin and the physician has completed his or her J-1 visa service obligation, an I-485 adjustment of status petition may be filed along with a request for a work authorization and a travel document, if needed. Upon approval of the work authorization, the physician may accept employment for moonlighting opportunities without applying for a separate visa. However, such physicians must be careful to maintain the terms and conditions of their pending I-140/I-485 petitions to prevent the moonlighting job from interfering with the validity of their underlying green card petition.

Moonlighting for Physicians with National Interest Waiver Green Card Applications

Most physicians as well as many legal practitioners are under the mistaken impression that only J-1 Visa Waiver physicians qualify for the national interest waiver green card process. To the contrary, the national interest waiver is available to J-1 or non J-1 physicians so long as they meet the requirements and commit to the required service in an underserved area (HPSA/MUA/MUP). Physicians who are completing their 5 year national interest waiver service may accept concurrent employment once the EAD card is approved. As with J-1 waiver physicians, national interest waiver physicians must continue to meet their visa waiver service obligations to completion.

Physician Moonlighting with EAD Card

Physician who have obtained EAD cards through a PERM labor certification and I-140/I-485 petitions may accept concurrent moonlighting opportunities. Again, those physicians must be careful to ensure that the part-time or moonlighting opportunities do not affect the underlying job that is sponsoring their green card process. Such physicians must also renew the EAD cards annually on a timely basis to ensure continuity of eligibility for employment.

Self-Sponsorship For Physician J-1 Visa Waivers and National Interest Waivers

Physicians who seeking J-1 visa waivers and or green cards may be able to self-sponsor by opening or buying a qualifying practice. Furthermore, under AC21, physicians that are presently serving their J-1 visa waiver or green card national interest waiver obligation may self-sponsor and transfer the service to a newly formed or purchased practice so long as the practice meets the requirements. Physicians who are considering this option should visit our [Physicians Visas-Waiver & Green Card Self-Sponsorship] page. Physician self-sponsorship is a fairly complex legal procedure that requires the guidance of an attorney experienced in matters related to physician visas.

Our experienced immigration attorneys have successfully handled hundreds of visa petitions for medical institutions, foreign physicians, their families and employers since 1993. Please call or e-mail us for a private consultation.

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