j1 waiver .. moonlighting ... NIW
sometime back, i replied to an email in which i answered some querries regarding J1 waiver/moonlighting/NIW. This person started working for VA for his waiver job few months back. his Qs and answers are wriiten ...
1. my letter of support from VA is more than 6 months old!
>>> can't do anything. u need a letter dated within 6 months to file for NIW physician category. talk to VA if they will give you another letter.
2. which route of GC process EB1, EB 2, NIW or labor routes will give me an EAD before I finish my 3 years waiver?
>>>> NIW will be surest and fast. But ... You MAY NOT NOT NOT NOT work on EAD/any status other than H1B during your 3 years of Waiver. (as per J1 waiver law, you are supposed to work ONLY in H1B for 3 years).
you may use your EAD after 3 years of waiver job, But it is not advisable to use EAD. the moment you use EAD, your H1B status is gone. if due to any reason, your I-140/I-485 (the one that got you EAD) is revoked, you immediately become out of status and the period counts from the time you switched to EAD.
if you want to moonlight >>> get another H1B filed for part time job. it can not be full time job as your full time job is supposed to be one that is giving you waiver.
3. While serving 3 years waiver on H1 can anyone moonlight or do locum jobs with an EAD?!
>>>> NO. see above
4. Does USCIS give you an EAD before 3 years if I 140 is approved through any of the routes above?!
>>>> yes. via NIW physicians. while you may NOT use EAD, your spouse may use it.
5. Once I 140 is approved via any of the above routes do we need to wait till 3 years is over before you get your EAD?!
>>>> No. only NIW physicians can get you EAD before end of 3 years. even then, it will be of no use to you, but your spouse may use it.
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