after 5 years of NIW, hadron other gurus

H

hurricanemd

Registered Users (C)
My NIW was self petitioned , and I am soon completing my 5 year commitment, i have a few questions for hadron and other gurus.
1. i know with J1 visa , even if the employer made u sign non compete clause , its invalid, does it hold good even for the NIW for the last two years after 3 year J1 waiver( i changed jobs after 3 year of J1 waiver and joined new employer to complete my 5 years.)
2.if my date is not current after 5 years and i have got the completion letter from DOH , can i go and safely work anywhere( in non medically underserved area) with EAD ( since mine was self petioned NIW) or am i taking a chance , i do not intend to do do any fellowship , but continue same work.
3.if my green card comes while i am in current job, do i have to work for current employer for 6-7 months ( even if my NIW was self petitioned ) , or can i leave anytime.
4. can i start and work in any other state after 5 years .

thanks for your input
 
Self petitioned NIW 140 petitions by definition have nothing to do with your employer. As long as you fulfill the criteria set forth for the approval of the immigrant petition, your petition remains valid. You can leave on the day you get your green card.

Once you file your evidence of completion paperwork, if your PD is not current, then your case will be set aside, but you should continue to be eligible for EAD/AP benefits. At that point, most lawyers agree that you can change jobs. Most suggest you stay within same/similar occupation. The congressional intent of the law seems clear, that is to get 5 yrs of HPSA/MUA service out of you in exchange for the NIW140 approval. On this basis, you should have the option to work at your nearest Walmart if you wish. However how the USCIS interprets the gray area is a different matter. There is no precedent, and to date I have not heard of any issue with some one who has done the 5 yrs then moved and run into trouble. Given the extent of the retrogression, I'm moving to a non HPSA location.
Work authorisation is not state specific. A move is a move.
 
My 5 years of NIW will be up in 8/08. Can I file NIW I-140 and I-485 concurrently in 8/08 even if EB-2 India is not current. Based on Q 31 in http://www.uscis.gov/files/nativedoc...ILA_2Apr08.pdf I am confused as to whether 1) I can file I-140 & I-485 concurrently even if PD is not current or 2) NIW I-485 can be filed even if PD is not current if NIW I-140 is approved first. At present I am to join felowship in 7/08 and I have EAD /AP / Approved I-140 (LC) with I-485 (PD 11/04) pending for >180 days.

I am worried that change of address to another state for fellowship would trigger a RFE for AC21 eligibility and fellowship may not qualify. I have talked to 2 lawyers and no one as yet told me fellowship can not outright qualify for AC21 but said there might be a small risk.

I would be happy to talk to you all ...just send me your phone # by private message thru this forum and I can share more details.

It would be great if some one who did successfully navigate AC21 for fellowship post their experience here. Do you guys know of any one who successfully did AC21 for fellowship??
 
thanks posmd

thanks for your reply,
1.also if the green card approval comes when i am still working for the employer , i can still safely move , as mine is self petitioned with approved 140 and i am not going into any fellowship.
2. do you or anyone knows if one can fight non complete clause while in 5 th year of NIW ( as in 3 years of J1 waiver)
3. have any people actually moved right after finishing 5 years of NIW( while 485 still pending)
thanks
 
Hurricanemd:

I am also finishing my NIW in 08/2008. I have self petitioned my NIW I-140 during my J1 waiver job. At the end of three and half year I changed the job with another employer (but remained in the same area).

As my I-140 self petioned I have not filed an amendment to I-140 after the job change.

Did u change job after filing your NIW I-140 or before and whether you filed an I-140 amendment or not?
 
Hi gondalguru
i did file the amended 140 and got it apprroved, they changed my PD , called many times via the lawyer and finally they changed the date back ,its still off by 18 days.
coming back to your pt, my lawyer even wanted to file amended 140 , so i did it( i chnaged employers and city aswell in the 4th year)
not sure ,maybe u would not have any problem
 
hurricanemd

How long did it take for I-140 amendment approval?

What is the procedure for filing I-140 amendment? Is it same as filing new I-140?

GG
 
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