EAD v/s H1b transfer ...hadron and rest of the gurus pl help

K

kalakutta

New Member
Hello, I am currently doing my J1 waiver.I started the waiver in July 2004 and my Priority date through NIW is Nov 2004.My 5years of NIW will be completed in July 2009.I have an EAD through my NIW which I renew every year.

I am planning to join a fellowship in August this year( by this time I would have completed 5 years and 1 month in a HPSa area). I have my I140 approved and awaiting I485 approval as my PD is not current and I have yet to complete my 5 year requirement.

My question is

1. Is it advisable to switch froma waiver job to a fellowship after completing 5 plus years ina HPSA and awaiting I485 approval because it will be approved once my PD gets current?

2. Is it advisable to join the fellowship on an EAD through my NIW or get the H1b transferred from my current waiver job employer to the University? The two aspects are if I join on EAD and god forbid there is some issue with my 485 approval then I might go out of status as I would have given up the H1 status and on the flip side if I transfer my H1b then I am basically informing the USCIS that after completing my 5 years in a HPSA I have started workingfor the univ/doing a fellowship which the uSCIS might overlook or might give me a tough time for during my 485 approval....

I am very confused....inputs from the gurus would be welcomed.
Thanks in advance
 
No response so far...feed back needed

Helo people..I'm still waiting for an input from the learned people of this forum....Kindly reply thanks
 
If the deal is only 5 years in a under served area, you should be good and not expected to do anymore. Just make sure you have all the documentation that you've done the 5 year time. That is what they are giving you the GC based on and not that you are expected to work endlessly in an under served area.
I think maintaining an H1B while still waiting for I-485 approval is always a good thing.
Of course, nothing is 100% golden with USCIS but then if you do the right things, you can contest them if they make an unfair decision.
Congrats on being done (almost) !
 
kalakutta said:
Helo people..I'm still waiting for an input from the learned people of this forum....Kindly reply thanks
Click to expand...

Both EAD and H are equal and issued for the purpose of work. Go with the option you psychologically feel better. Some, including myself, like EAD because it is an easy, unrestricted, relatively unexpensive piece of work document. Others like it H in case the pending I485 gets denied. If you already exhausted or about to exhaust the 6 years of H, it does not matter then because extension of H will be based on the pending I485, the denial of which will collapse every thing including the extended H.
 
kalakutta said:
Hello, I am currently doing my J1 waiver.I started the waiver in July 2004 and my Priority date through NIW is Nov 2004.My 5years of NIW will be completed in July 2009.I have an EAD through my NIW which I renew every year.

I am planning to join a fellowship in August this year( by this time I would have completed 5 years and 1 month in a HPSa area). I have my I140 approved and awaiting I485 approval as my PD is not current and I have yet to complete my 5 year requirement.

My question is

1. Is it advisable to switch froma waiver job to a fellowship after completing 5 plus years in a HPSA and awaiting I485 approval because it will be approved once my PD gets current?

2. Is it advisable to join the fellowship on an EAD through my NIW or get the H1b transferred from my current waiver job employer to the University? The two aspects are if I join on EAD and god forbid there is some issue with my 485 approval then I might go out of status as I would have given up the H1 status and on the flip side if I transfer my H1b then I am basically informing the USCIS that after completing my 5 years in a HPSA I have started workingfor the univ/doing a fellowship which the uSCIS might overlook or might give me a tough time for during my 485 approval....

I am very confused....inputs from the gurus would be welcomed.
Thanks in advance
Click to expand...

This is one of those gray areas in the law. If you are looking for a definitive answer, I doubt anyone can give you one. Eventually this is going to need to be straightened out by a memo or will perhaps end up in litigation, of course the best case scenario is that they just keep approving cases and make this a non issue.

In my case I spent nearly 1 1/2 yrs after the 5 yr NIW completion in the same job, where I also did my waiver. I left finally as it became unbearable following a management change. However to be on the safe side, I move to another MUA, but I doubt you need to do this. Whether you can do a fellowship is up to you. It does involve an element of risk, but perhaps a risk worth taking given today inordinate waiting times and unpredictable USCIS processing. In retrospect, I should have moved 1 1/2 yrs ago.

During this time I did get a RFE on my 485, and part of that RFE was that I had to produce a letter showing current employment in the USA . Now I happened to be at the same clinic at that time, so it was a non issue. So I don't really know what the impact would have been if I produced a letter from my fellowship director.

I think once you are done with your 5 yrs, got your NIW 140 approved, sent in your NWI completion paperwork and received acknowledgement from them hanging on to either your waiver job or for that matter to a H1b visa is overkill. The law as I have read it is pretty explicit in stating 5yrs service in HPSA/MUA for green card eligibility. If things go down with your application, it will probably be based on something that a H1b visa is unlikely to save you from either.

That is my take on things. Not legal opinion. Good luck.
 
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EAD V/s h1b

Thanks guys for your input.I did consult an attorney on this isuue and he said that if you want to be safe go for h1b(bec of risk of 485 denial through my NIW .....just incase so, the H1 through the Univ will protect me from immediate removal proceedings) but, he would prefer that I go and join the fellowship on EAD as that way the USCIS will not be aware of my leaving after 5yrs from a HPSA and going and joining a fellowship and that will be better interms of getting the GC.....lets hope for the best :p
 
Hi,
I have a similar background : (physician, J 1 waiver, currently on H1b).
I am in the process of applying for my I140- NIW. I'll really appreciate if someone can answer my question :

At what point can I apply for I485 and EAD. (my PD are not current)?
Can I apply for I485/EAD/AP anytime after my 3 years of waiver job are over even if my PD are not current?
Thanks.
 
You can apply for I-485/EAD/AP once you finish 3 years of J1 waiver and your priority date is current.
 
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