I am in my fifth year of H1. My LC has been pending for last 3 years and I dont know how much more it will take. I did 2 years home country requirement after my J1. I am a pediatrician in a small community which also is HPSA. I am planning to file NIW also just in case something goes wrong with LC. What do I need for filing an NIW application? How much time will it take? Should I go for 140+485. Can I file 140+485 again when LC is approved? Please share your experiences and research in this matter. Thanks.
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Doing NIW petion while LC is pending.
- Thread starter pddoc
- Start date
> What do I need for filing an NIW application?
There is a long thread for 'do it yourself NIW' somewhere on this BB.
> How much time will it take?
3-18 months. Apparently some of NIW's for primary care get approved in record time, others just sit in the stack with all the other EB2 applications.
> Should I go for 140+485.
With the new method, that some concurrent cases get approved at the time the I140 is up for adjudication, this might be a good idea.
> Can I file 140+485 again when LC is approved?
Yes you can. I was at the St Albans, VT processing center for exactly that reason yesterday. My wife had a NIW pending for 15months and nothing happened. In the meantime she had gotten a labor cert and pending I140 in another state and another regional center. They pulled the file and told us that they would adjudicate the NIW the same day. When I came home, I had the emails. The I140NIW had in fact been approved hours after we left the office and the I485 was transferred to the processing center which has jurisdiction over the new job location.
While we were waiting, a research type guy was trying to find out information on his pending EB1EA case. He wanted to know, whether his new employer could file a EB1OR for him and how to get the new case linked to the old one. They told him that until the first I140 is not adjudicated, the concurrently filed I485 cannot be linked to another pending I140. (this is what they told us 1 hour earlier). They advised him that he can file another I485 without fear of any problems. quote: 'but why would you want to waste $255 in filing fees'. These people are friendly, but they have no idea about the agony we go through.
In your particular case:
You might want to file an NIW and keep waiting. If you still have your valid H1b, you can then decide whether you file the I485/EAD or whether you can get a 7th year extension based on the pending LC. Filing the I485 based on the NIW earlier would have the advantage of beeing able to go for AOS earlier.
(although the INS girls thought I was my wifes lawyer yesterday, I am not. I know way more about immigration law than I ever cared for but I am surely no expert. Talk to a good immigration attorney, one of the companies specializing in our profession. It is worth the money.)
There is a long thread for 'do it yourself NIW' somewhere on this BB.
> How much time will it take?
3-18 months. Apparently some of NIW's for primary care get approved in record time, others just sit in the stack with all the other EB2 applications.
> Should I go for 140+485.
With the new method, that some concurrent cases get approved at the time the I140 is up for adjudication, this might be a good idea.
> Can I file 140+485 again when LC is approved?
Yes you can. I was at the St Albans, VT processing center for exactly that reason yesterday. My wife had a NIW pending for 15months and nothing happened. In the meantime she had gotten a labor cert and pending I140 in another state and another regional center. They pulled the file and told us that they would adjudicate the NIW the same day. When I came home, I had the emails. The I140NIW had in fact been approved hours after we left the office and the I485 was transferred to the processing center which has jurisdiction over the new job location.
While we were waiting, a research type guy was trying to find out information on his pending EB1EA case. He wanted to know, whether his new employer could file a EB1OR for him and how to get the new case linked to the old one. They told him that until the first I140 is not adjudicated, the concurrently filed I485 cannot be linked to another pending I140. (this is what they told us 1 hour earlier). They advised him that he can file another I485 without fear of any problems. quote: 'but why would you want to waste $255 in filing fees'. These people are friendly, but they have no idea about the agony we go through.
In your particular case:
You might want to file an NIW and keep waiting. If you still have your valid H1b, you can then decide whether you file the I485/EAD or whether you can get a 7th year extension based on the pending LC. Filing the I485 based on the NIW earlier would have the advantage of beeing able to go for AOS earlier.
(although the INS girls thought I was my wifes lawyer yesterday, I am not. I know way more about immigration law than I ever cared for but I am surely no expert. Talk to a good immigration attorney, one of the companies specializing in our profession. It is worth the money.)
> I thought we only needed a letter from dept of health and hospital
> of state for HPSA designation supporting th NIW petition.
From what I understand, all you need is your medical license for that state and the Department of health letter attesting that your work in this geographic location is in the public interest.
This is very different from the usual NIW petition were you try to proove that the national interest would be negatively affected if you were forced to get a LC.
Have you checked out the DiY NIW thread. Some people assembled really valuable information there.
> of state for HPSA designation supporting th NIW petition.
From what I understand, all you need is your medical license for that state and the Department of health letter attesting that your work in this geographic location is in the public interest.
This is very different from the usual NIW petition were you try to proove that the national interest would be negatively affected if you were forced to get a LC.
Have you checked out the DiY NIW thread. Some people assembled really valuable information there.
> When do they count 5 years from-Time my NIW application is filed or
> the time I started working in this area? Please respond.
Maybe, deep inside, one of the 15 threads on this board discussing this question ad nauseum contains the answer to that question.
As I read the law and the 'interim rule' issued on physicians NIW, they start counting once your I140 is approved. But, I have read here that apparently at times they have counted time served in H1b before approval towards the 5 years. (the law just says 'after 5years of service in an underserved area').
There was a lawsuit brought forward by Carl Shusterman's office on that very question. I don't know where that suit is right now, but from what I remember it got kicked out based on some formality regarding jurisdiction the goverment managed to argue in a classic OJ-simpson style defense.
> the time I started working in this area? Please respond.
Maybe, deep inside, one of the 15 threads on this board discussing this question ad nauseum contains the answer to that question.
As I read the law and the 'interim rule' issued on physicians NIW, they start counting once your I140 is approved. But, I have read here that apparently at times they have counted time served in H1b before approval towards the 5 years. (the law just says 'after 5years of service in an underserved area').
There was a lawsuit brought forward by Carl Shusterman's office on that very question. I don't know where that suit is right now, but from what I remember it got kicked out based on some formality regarding jurisdiction the goverment managed to argue in a classic OJ-simpson style defense.