5 year contract for NIW

H

hospitalistMD

Registered Users (C)
Hadron and others:
I am currently trying to file for the NIW. My contract term is 3 years with automatic renewal for another 3 years on mutual agreement. Also my contract was signed 10/04. My lawyer says that the contract has to be dated within the last 6 months and the term has to a straight 5 years, so they asked me to get an addendum for 5 years term contract from my employer, who has been stalling. I fear that he will only sign that on condition that I cannot terminate from my side in those 5 years. What if I want to seek another job after completing 3 years?
My question is:
-isn't the initial wording of 3 years term with automatic renewal for another 3 years sufficient for the NIW?
-If so then what addendum do I write without changing the term so it would be dated within 6 months?

Thanks everybody.
 
u can self petition for NIW , that way you can give a business plan for 5 years saying that first three years u will be with current employer and then ur plan for the other two years.
i believe u do need a contract signed within the last 6 months ( rest terms and conditions can remain unchanged)
 
A letter to them from your employer stating intent to employ you for a further 3 years should be adequate.

The litmus test of your petiton will be wheter the state dep't of health in your state accepts the endorsement of your employer. Once they give you their endorsement letter, the USCIS should not get too picky after that.

That is my take on things. Why not try discussing this initially with you employer and perhaps with your state dep't of health.

Are you a J1 waiver? Otherwise since hospitalists are so much in demand, consider an employer who is more accomodating of your needs.
 
Posmd,
I am a hospitalist and on a J1 waiver.
My original contract stated that my term is 3 years (where my employer only can terminate any time) with automatic renewal for another 3 years on mutual agreement. I have not been happy with my employer or my work conditions, and I have had numerous other better offers, a lot in HPSA areas as well, but I came to the conclusion that it will be hard to switch employers during my first 3 years of waiver. Therefore I attempted to do a NIW so after my 3 years I can either re-negotiate with my current employer or switch employers. The problem came when my lawyer said that I needed a 5 year term contract addendum which will also serve as an addendum that will be dated within 6 months (since my contract originally was dated before 6 months). The health department gave me a support letter and so did my employer. However when I asked for a 5 year term contract what I got was a 6 year term contract with the employer only having the right to terminate any time within those 6 years. Obviously I will not sign such a contract where I will be stuck for a whole 6 years under the same work conditions. I am not sure whether someone can legally put such a contract term?
I was wondering whether my initial contract would be sufficient. If yes then what kind of addendum can I put where I will have something dated within 6 months, or even whether my employer will do it.
Otherwise I guess my options are:
1-Not to do the NIW with my current employer, then do it with another employer after 3 years.
2-Not to do the NIW with my current employer, then find another employer to start my LC now, then apply for it after my 3 years and switch to my new employer when it is approved.
Anybody have any other suggestions/comments? Your input is greatly appreciated.
 
If you find an employer to file a labour certification for you then technically you will be able to file the NIW as well.

I did not realise your employer was such an A** H###. Basically he is now telling you if you want NIW through me you need to do a waiver twice for me, what a loser.

I would not sign an extension with him if he does not give me an exit clause. The 5 yr requirement is fairly loose and can be pretty much made up anyway in which to demonstrate clearly to the USCIS that you have a 5 yr game plan, even if it involves 2 separate employers, even if it involves a practice plan for outpatient medicine for the last 2 yrs. Once you put those together with the support letters you already have you should be OK. Your lawyer may unnecessarily be driving you to extend with your current employer.

Definitely self petition and probably by piecing together a 5 yr plan. Try quietly feeling out other local groups for opportunities after your waiver and see if you can get a job offer from them (with exit clauses for both of you) this will comfort you as well as them. Even if you or them deviate from this plan later, you would have EAD by then and have both the time and the option to find another HPSA job to complete the 5 yr requirement and file an ammended 140 if needed.
 
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PosMD thanks a lot for your reply. Yes that is exactly what I will do. I have a few questions in the specifics:
1-Lets say I find another employer that will hire me for the 2 years following my current 3 year waiver, dont I still need a recently dated addendum for my current 3 year contract if I want to file for NIW now?
2-In that case can I wait and do a NIW when I join a new employer after my current 3 years and then I wont need anything at all from my current employer?
3-If I do not do a NIW now and wait for a LC with a new employer after 3 years, then do I have to wait with my current employer for a few months after the 3 years until the LC gets approved so I get an EAD to move to the new job?

As you can see I can tell that my employer will not be willing to help with anything to get my NIW since I will not sign his 6 year contract!!
Thanks again.
 
hospitalistMD said:
PosMD thanks a lot for your reply. Yes that is exactly what I will do. I have a few questions in the specifics:
1-Lets say I find another employer that will hire me for the 2 years following my current 3 year waiver, dont I still need a recently dated addendum for my current 3 year contract if I want to file for NIW now?

>>Your contract should be dated within 6 months. Yes this is true. Would your employer accede to signing a more recently dated version of your current contract, just to fulfill this criteria?

2-In that case can I wait and do a NIW when I join a new employer after my current 3 years and then I wont need anything at all from my current employer?

>>You can certainly file at anytime, however in this era of visa retrogression, establishing a priority date is important and if you wait till the end of your waiver then you will be 3 yrs later with your priority.


3-If I do not do a NIW now and wait for a LC with a new employer after 3 years, then do I have to wait with my current employer for a few months after the 3 years until the LC gets approved so I get an EAD to move to the new job?

>>You do not have to wait till after your 3 yrs to start a labour certification with your prospective employer. You can start now. PERM/140/485 after retrogressed dates arrive current with that petition will probably take until well after your waiver is done anyway.

As you can see I can tell that my employer will not be willing to help with anything to get my NIW since I will not sign his 6 year contract!!

>>No need to state the obvious!


Thanks again.
Click to expand...
 
posmd,
>>You do not have to wait till after your 3 yrs to start a labour certification with your prospective employer. You can start now. PERM/140/485 after retrogressed dates arrive current with that petition will probably take until well after your waiver is done anyway.

So if I start the LC process now with my prospective employer with plans to switch to that job after my current 3 year term with my current employer expires, when do I get my GC and when do I get my EAD? In other words when will I be able to leave my current employer after my current 3 year term finishes and on what status do I switch jobs after those 3 years (if I did not do a NIW now?)

Thanks posmd.
 
hospitalistMD said:
posmd,
>>You do not have to wait till after your 3 yrs to start a labour certification with your prospective employer. You can start now. PERM/140/485 after retrogressed dates arrive current with that petition will probably take until well after your waiver is done anyway.

So if I start the LC process now with my prospective employer with plans to switch to that job after my current 3 year term with my current employer expires, when do I get my GC and when do I get my EAD? In other words when will I be able to leave my current employer after my current 3 year term finishes and on what status do I switch jobs after those 3 years (if I did not do a NIW now?)

Thanks posmd.
Click to expand...


You can pretty much join the day after you are finished with your waiver. The waiver completion ie 3 yrs in H1b status in approved J1 waiver job is the requirement for your 485 adjudication or CP processing.
Hence though you can apply for CP or 485 prior to completion of your waiver(if your PD is current), you cannot use the derivative benefit of EAD until your 3 yr H1b J1 waiver is completed. After that you can join you prospective employer on EAD or H1b and give your current exploitative employer the single finger salute.
 
posmd thanx a lot for ur prompt replies. There is still some confusion though:

You say:
"Hence though you can apply for CP or 485 prior to completion of your waiver(if your PD is current), you cannot use the derivative benefit of EAD until your 3 yr H1b J1 waiver is completed. After that you can join you prospective employer on EAD or H1b and give your current exploitative employer the single finger salute"

I quote hadron under the "job change while on J1waiver" thread saying:
"The other option would be to talk to a different group to get the LC and I140 started. That way, you could file I485 on 3 year 1 day and switch with your EAD 3 months later."

So which one is it??!! What is the "PD"? And when can one really file for a LC based I485 and receive EAD and use it without a NIW?

Thanks.
 
To the best of my knowledge you can apply for CP or 485 before the completion of your waiver, you just cannot use the derivative benefits or have your case adjudicated prior to your waiver completion. This is my interpretation of the rules.

The only concrete example I can give is a colleague of mine who filed a NIW petition and filed his 485 as well as those for his family prior to him completing his waiver, he did not apply for nor recieve EAD benefits until after his waiver is complete. His family members however applied for and used their EAD benefits. This was the advise his lawyer gave to him. I suspect the same is true for LC based petitions.

Much of this is however grey and you ought to consult with a good immigration attorney who has done cases like this before.

Priority date is the date you file your petition either Labour certification or NIW 140. Cases are adjudicated on the basis of visa(green card) availability according to the date the petition is recieved.
 
my dear hospitalist colleague

i m a fellow internist in arkansas most of these employers (of course there re very rare exceptions) exploit the hell out of us.what they re suggesting is way out of order i d tell him NO for sure.

best of luck with those leeches
 
Regarding the 5 year contract, i filed my wifes NIW I140 with a signed notarized statement stating intent to practice in HPSA for 5 years. She has a multi year contract with the University and it was proving to be a pain to get it amended with 5 year clause. We filed in May this year, no decision yet. Expecting RFE any day :).
Will keep you informed.
 
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