Apply for plain vanilla NIW with EAD for residency without H1 backup?

H

Hello+

New Member
Hi everyone,

I have a question about filing an EB2 petition with NIW. I am talking about the "normal" NIW for everyone (plain vanilla), not the one for physicians working in underserved areas.

OK, this is the background: I am a MD/PhD with a strong background in science, but also a considerate amount of clinical experience. I would like to start my clinical residency in 2009. Right now I am a research postdoc in the US on a J1 without the 2 year HRR. The J1 will expire in September, when I'll return to my home country for a few months to organize stuff, before hopefully coming back for the residency in June 2009.

My lawyer suggests this agenda: Now that I am still on the J1, I should apply for EB2-NIW, based on my scientific merits, publications, work in the national interest and so on. I should also file I-485 for AOS at the same time and apply for EAD. Now, with the EAD I should then go into residency in 2009.

Here are my problems/questions:
1. The EB2-NIW petition will be research-centered. What will authorities say when I start a clinical residency?
2. Even more troubling to me - let's presume my I-140 and/or I-485 are rejected. I mean, my lawyer says my case is strong, but who knows? I would say EB2 for me is doable, but not a no-brainer. So, if the petition gets rejected, I will have to leave the US immediately and call off the whole residency, right? So, can I apply for H1b with the hospital next year even though I have the EAD? Any other thoughts or ideas?
 
Well , I am in the same situation. I have an approved I-140 and I-485 pending. My lawyer advised, in case they call for interview or an RFE for employment verification at the time of approval, and if the officer finds I am not employed in similar field as mentioned in NiW petition, there is a chance I-485 might be denied
 
NIW/EB2 are going very stringent scrutiny nowadays. Attorney is looking for only money from you, who cares your future/residency if it get interuppted and you go back to home country with broken dreams,

never ever try this EAD without a h1 back up or any other non immigrant visa status back up. Using EAD is just driving on highway with blindfolded.



Hello+ said:
Hi everyone,

I have a question about filing an EB2 petition with NIW. I am talking about the "normal" NIW for everyone (plain vanilla), not the one for physicians working in underserved areas.

OK, this is the background: I am a MD/PhD with a strong background in science, but also a considerate amount of clinical experience. I would like to start my clinical residency in 2009. Right now I am a research postdoc in the US on a J1 without the 2 year HRR. The J1 will expire in September, when I'll return to my home country for a few months to organize stuff, before hopefully coming back for the residency in June 2009.

My lawyer suggests this agenda: Now that I am still on the J1, I should apply for EB2-NIW, based on my scientific merits, publications, work in the national interest and so on. I should also file I-485 for AOS at the same time and apply for EAD. Now, with the EAD I should then go into residency in 2009.

Here are my problems/questions:
1. The EB2-NIW petition will be research-centered. What will authorities say when I start a clinical residency?
2. Even more troubling to me - let's presume my I-140 and/or I-485 are rejected. I mean, my lawyer says my case is strong, but who knows? I would say EB2 for me is doable, but not a no-brainer. So, if the petition gets rejected, I will have to leave the US immediately and call off the whole residency, right? So, can I apply for H1b with the hospital next year even though I have the EAD? Any other thoughts or ideas?
Click to expand...
 
I am in the same situation too. Do you plan to use EAD for your residency? I am concerned about the risk.
Thanks

kkand said:
Well , I am in the same situation. I have an approved I-140 and I-485 pending. My lawyer advised, in case they call for interview or an RFE for employment verification at the time of approval, and if the officer finds I am not employed in similar field as mentioned in NiW petition, there is a chance I-485 might be denied
Click to expand...
 
Hi monian,

I am going to apply for the 2009 match. If I can get through the match, I will probably use EAD. Hopefully things will turn out well with USCIS and I dont have to use EAD
 
You cant use and H1b at the same time. You lose your h1b status as soon as you start using EAD. I would recommend using H1b which is more secure.
 
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