Question: I am an Indian citizen with a Physician NIW I-140 approved. I am planning to apply for a fellowship from a hospitalist job after completion of 5 yrs of underserved area work and an I-140 approval via EB2 NIW. Since I am an Indian citizen, I can't file for AOS at this time. Can I leave my job as a hospitalist and join a fellowship as a Gastroenterology fellow after EB2 NIW I-140 approval. Will my fellowship program need to sponsor my H1B filing or extension in this scenario?
Answer: Yes, you should be able to join a fellowship program, and you will not be tied down to any underserved areas, provided you can document fulfillment of the five years in an underserved area. Regarding your second question, yes, your fellowship program will need to sponsor you if you wish to be in H-1B status. The petitioner is always your employer. There may be other possibilities for you, such as an EB-1 green card or J-1 status (though I could understand your reluctance with the J-1).