complicated question...please help

[ursosweet]

HI gurus
I have a complicated situation and need advice.

I am an IMG from India...just finished my 3 year waiver in maryland. I have an approved EB2 PERM and my 140 is collecting dust at USCIS.

So i have a job offer in a different state...its a small town, likley j1 area.
I spoke with my lawyer and she told me either you could redo PERM with your new emploeyr or file NIW with the new employer, if the area is j1 area.

So, is it possible to file two Gc's...PERM and NIW at the same time with the same employer??

Also are there different kinds of NIW...one for eb1 and one for eb2 etc.?

Is it true that i will be able to file 140 and 485 togethr if i use NIW, even though eb2 is retrogressed?

Also she told me that i could use my j1 term 3 years towards NIW ( need to have 5 year)????

Lastly, do i need a labor cert for NIW or any letters of recs to file NIW or just the fact that i am in underserved area is enough??

I know i have asked too many questions...but i need your help?

thanks

 

[hadron]

> So, is it possible to file two Gc's...PERM and NIW at the same time
> with the same employer??

Yes, no problem.

> Also are there different kinds of NIW...one for eb1 and one for
> eb2 etc.?

NIW is allways EB-2 (EB-1 is 'extraordinary ability' or 'outstanding researcher')

> Is it true that i will be able to file 140 and 485 togethr if i use
> NIW, even though eb2 is retrogressed?

I am not sure about that.

> Also she told me that i could use my j1 term 3 years towards
> NIW ( need to have 5 year)????

I believe you can, it would be great because you would only need 2 years in that location for the NIW.

> Lastly, do i need a labor cert for NIW or any letters of recs to
> file NIW or just the fact that i am in underserved area is enough??

Check the 'do it yourself NIW thread'. You don't need a certified ETA750 (the labor cert). I do believe it is customary to file a filled out but noncertified copy of a form ETA750 with the NIW (although the 'waiver' is from the requirement of filing an ETA750, don't ask me why).

If your attorney is of the inventive kind, you could file an EB-1 petition based on your extraordinary skills needed in this location. This would allow you to circumvent retrogression. In all likelihood, this would be a waste of money and time, but there is certainly no law against filing bold petitions (somewhere in the bill of rights that you have the right to petition your goverment).

 

[J1victim]

NIW different types....

... Also are there different kinds of NIW...one for eb1 and one for eb2 etc.?

NIW is allways EB-2 (EB-1 is 'extraordinary ability' or 'outstanding researcher')

NIW EB2 can be:
- NIW Physicians in underserved area
- NIW for any one with advanced degree and exceptional ability.

EB1 (sort of NIW) is for Alien of extra ordinary ability or outstanding researcher.

I have seen physicians getting approved under all 3 of above categories.

... Is it true that i will be able to file 140 and 485 togethr if i use NIW, - though eb2 is retrogressed?

I am not sure about that.

...
NO. you may NOT file an I-485 (whether via NIW route or via PERM) if visa numbers are not current for your category and your country (but you may file I-485 by using cross-chargeability for your spouse' country if spouse is from a country that IS NOT Retrogressed).

... Also she told me that i could use my j1 term 3 years towards NIW ( need to have 5 year)????

I believe you can, it would be great because you would only need 2 years in that location for the NIW.

...

yes.

-- for "NIW physicians in underserved areas" EB2 route - you need 5 years of work.
-- for NIW otherwise EB2 - you have no requirement once your I-140 is approved.
-- for EB1 - you have no requirement once your I-140 is approved.

>>>>>>>
what's ur specialty? IM/subspecialty/FP/Ob-Gyn/peds/Surg/EM

 

[docny]

-- for NIW otherwise EB2 - you have no requirement once your I-140 is approved.

What is the criteria. Do you need employer or LC?
Is it easy enough to self petition?

 

[docboston]

HI gurus
I have a complicated situation and need advice.

I am an IMG from India...just finished my 3 year waiver in maryland. I have an approved EB2 PERM and my 140 is collecting dust at USCIS.

So i have a job offer in a different state...its a small town, likley j1 area.
I spoke with my lawyer and she told me either you could redo PERM with your new emploeyr or file NIW with the new employer, if the area is j1 area.

So, is it possible to file two Gc's...PERM and NIW at the same time with the same employer??

Yes you can. Infact, thats usually the norm.

Also are there different kinds of NIW...one for eb1 and one for eb2 etc.?

the NIW for physicians working in underserved area is NIW eb2. If u can prove you have extraordinary abilities, u can file EB1, WITHOUT working in underserved area. Advantage is u dont have to worry bout retrogression. There is no disadvantage except for the filin fee and the time and labour involved. My understanding is its tough to get.

Is it true that i will be able to file 140 and 485 togethr if i use NIW, even though eb2 is retrogressed?
No,you cant file 485 until your date gets current, even for NIW. One advantage of NIW is, provided there is no retro, you can file both together. This is in contrast to PERM, where you have to complete 3 years in hpsa before being eligible for filing 485. As you have already completed 3 years, u will be able to file 485 based on your PERM, once the dates become current.

Also she told me that i could use my j1 term 3 years towards NIW ( need to have 5 year)????
I think for J1s the clock for NIW starts ticking once the change to H1b. For people who have never been on J1, the clock starts once the NIW I140 is approved.

Lastly, do i need a labor cert for NIW or any letters of recs to file NIW or just the fact that i am in underserved area is enough??

For EB2 NIW u dont need labor cert. Check out the thread for NIW in the forum. For EB1,(whichu seem to be mixing with NIW) you will need as many letters of recs as u can get!!

I know i have asked too many questions...but i need your help?

thanks

 

[GMC92]

J1 waiver and EB1

Hadron,

I am BC Family Practitioner working in a remote rural area in MN from last 2.5 years. I will be done with my waiver in July07.

I recently got my labor approval PD Jan2005 India.

I am about to apply for my I140.

I was a chief resident in my program at SUNY LI NY.
I also contributed to couple of publications along with my program director.
I also recieved Society of Teachers Family Medicine award at my Graduation.
I was also a speaker at STFM national conference on a paper which was published along with My program directer.

I do not think any of those will qualify for outstanding professional achievements.

But your comment on EB1 sparked a new hope in me. Do you think I can try to apply for EB1. Does anyone else in this forum did it under EB1?

I am really frustrated to be here and my husband lives away. Also I am wondering, If I return back home after my 3yr H1 extn and approved I140, is it possible to apply for GC through same employer if they are willing ( They are) to employ me?

I appreciate your opinion!











OTE=hadron]> So, is it possible to file two Gc's...PERM and NIW at the same time
> with the same employer??

Yes, no problem.

> Also are there different kinds of NIW...one for eb1 and one for
> eb2 etc.?

NIW is allways EB-2 (EB-1 is 'extraordinary ability' or 'outstanding researcher')

> Is it true that i will be able to file 140 and 485 togethr if i use
> NIW, even though eb2 is retrogressed?

I am not sure about that.

> Also she told me that i could use my j1 term 3 years towards
> NIW ( need to have 5 year)????

I believe you can, it would be great because you would only need 2 years in that location for the NIW.

> Lastly, do i need a labor cert for NIW or any letters of recs to
> file NIW or just the fact that i am in underserved area is enough??

Check the 'do it yourself NIW thread'. You don't need a certified ETA750 (the labor cert). I do believe it is customary to file a filled out but noncertified copy of a form ETA750 with the NIW (although the 'waiver' is from the requirement of filing an ETA750, don't ask me why).

If your attorney is of the inventive kind, you could file an EB-1 petition based on your extraordinary skills needed in this location. This would allow you to circumvent retrogression. In all likelihood, this would be a waste of money and time, but there is certainly no law against filing bold petitions (somewhere in the bill of rights that you have the right to petition your goverment).[/QUOTE]