Ead,niw,aos

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pravindeshmukh

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I am a J1 physician and will be completing 3 years of J1 waiver job on Jan 14th.My NIW application was approved.My I140 with current employer was approved more than 6 months ago.I have a pending I485.My questions are as folows:
1) Whats the earliest date I can change jobs?Do I have to wait for 6 months after comleting my 3 years of J1 waiver or can I change any time after January 14th.
2) If I do change my job do I have to file new I140 and go through labour certification process again with the new employer.Will it affect my priority date .Is it risky.
3) When can I apply for EAD.How long does it take to get it approved if I file from Texas,where I live.
4) Is it advisable to stay with the current employer,which is a federally QCHC till I get my I485 approved,versus starting a new job with a private employer in the same county.
5) what are the chances that I will get green card within next 6-12 months given that skil bill might be passed in the coming year.(so should I stay with the current job to avoid hassles.My priority date is Nov 2005 when I 485 was applied through NIW.
Thanks.
 
pravindeshmukh said:
I am a J1 physician and will be completing 3 years of J1 waiver job on Jan 14th.

Congrats

My NIW application was approved.My I140 with current employer was approved more than 6 months ago.I have a pending I485.My questions are as folows:
1) Whats the earliest date I can change jobs?Do I have to wait for 6 months after comleting my 3 years of J1 waiver or can I change any time after January 14th.

AC21 kicks in 6 months after I485 filing. In general its safer to change jobs after 6 months using the ac21 provision. However, I believe your I485 is based on NIW I140. In that case, it wont be approved till you have completed total of 5 yrs in HPSA. Doesnt have to be with the same emplyer though

2) If I do change my job do I have to file new I140 and go through labour certification process again with the new employer.Will it affect my priority date .Is it risky.

Job based I140 is employer specific. I believe you will have to get a new I140 from the new employer. however, your priority date should remain the same as long as your job discription remains the same.


3) When can I apply for EAD.How long does it take to get it approved if I file from Texas,where I live.

Hmm, if you have already filed I485, then how come you didnt file for EAD with it? I think you can file for EAD anytime as long as you have I485 pending. I dont know how long it takes to get approved, but usually before the I485 is approved. However, i wiuld hesitate to use it before 5 years of hpsa service are completed.

4) Is it advisable to stay with the current employer,which is a federally QCHC till I get my I485 approved,versus starting a new job with a private employer in the same county.

Answer depends on your situation. If the employer is a slave driver, then by all means leave after 3 yrs. Be sure your new job site is in hpsa as well. Otherwise your NIW might get voided.

5) what are the chances that I will get green card within next 6-12 months given that skil bill might be passed in the coming year.(so should I stay with the current job to avoid hassles.My priority date is Nov 2005 when I 485 was applied through NIW.

Your NIW I140 based I485 will not be approved before 5 years of service. Passage of skil bill wont affect that.
Thanks.
Click to expand...
 
The above replys answer most of your questions.
I think you can use your EAD after your 3 yrs of waiver, even though your 485 is pending. I do not think that is very controversial. However your NIW-140 based 485 cannot be adjudicated under any circumstances before the completion of the full 5 yrs in HPSA/MUA.
You need to file an ammended 140 petition if you change jobs after the 3 yrs and during your 5yr NIW mandate. Your NIW based 140 petition is not employer specific(provided you filed it) and so it is unlikely to be adversely affected, however labour cerification based 140s are employer specific and you would lose that once you change jobs.
 
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