NIW Question

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lubdub

Registered Users (C)
I have a question
I am on J-1 while my husband is on J-2. I have a waiver job offer and we are planning to file for I-140 (opt for Status change) + I-485 (for GC) + I-765 (for EAD) + I-131 (for AP) for me and my husband together. My lawyer says that I may get my interview for GC before 3 years and it will be denied as I would have not completed my 3 years in HPSA at that time. This way me and my husband will be out of status if we have used EAD. We are from Pakistan so there is no delay and as per him we will get our interview earlier almost certainly as USCIS process applications in order. His advice is that we should only apply for NIW in the third year of waiver since we are not from India or China. This is different from what I have read on this forum. Please comment.
My husband needs his EAD if I start waiver job as his institution will not sponsor H1B1 so I would appreciate the opinion of the forum members who have been in this situation.

Thanks a lot

LubDub
 
File for NIW140/485 for yourself and your husband. EAD/AP for him, you stay on H1b. He can start residency on EAD. You can complete your waiver in H1b. You will not get an interview or approval in a NIW case before the final evidence of 5yr HPSA completion is submitted. You might however get RFEs, Fingerprint notices, Medicals etc. Just keep abreast of those.
They cannot approve your green card before a waiver is completed, whether through NIW, Labour Certification or even Marriage.
 
Thanks

Thanks posmd and docboston. This is really great.
I really appreciate you taking time and replying.

I think I need another lawyer. Is there any chance of properly submitted physician in underserved rea I 485 to get denied.

Also if any one had any experience with Texas Health Department to get a letter for NIW? How long do they take.

Thanks a lot


LubDub
 
From personal expirience:
NIW letter for J1 waiver was provided in 8 weeks.
NIW letter for GC was provided within a weeks time.
 
Thanks also retrogression question

That is encouraging. Thanks All of you have been the best help in my understanding of these complex rules.

One more thing my lawyer said that this August all countries including Pakistan is retrogressed to Jan 2007. I thought that every one except India or Pakistan was current. Please clarify if any one knows about it. Also will this stay the same or will it change any time soon.

Lubdub
 
lubdub said:
That is encouraging. Thanks All of you have been the best help in my understanding of these complex rules.

One more thing my lawyer said that this August all countries including Pakistan is retrogressed to Jan 2007. I thought that every one except India or Pakistan was current. Please clarify if any one knows about it. Also will this stay the same or will it change any time soon.

Lubdub
Click to expand...


Yes, but that is likely to change next month when the Oct. Bulletin comes out. The new fiscal year starts then and the strong rumors going around are that EB2 ROW(non India and Mainland China,and possibly Mexico and the Phillipines) will be current. So you should be able to file then. I would suggest you get your stuff together now. That can take a few weeks to a couple of months.
You can look at each months visa bulletin at the following website. It usually comes out in the middle of each month for the next month.

http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html

Good luck.
 
Last edited by a moderator:
Thanks and one last thing

I have a question.
I am presently a fellow in Geriatrics and will graduate on 06/30/08. I plan to file my I-140 and I 485 together based on serving in underserved area before that day. My lawyer told me that I should not file my I 485 before 06/30/07 as I wont be qualified Geriatician for the petition before that. Please advise that I have to wait till that date to file I485 or it does not matter.
Thanks

Lubdub
 
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