EB2-NIW & EB-1 and J1 waiver

M

murlakshmi

Registered Users (C)
I finished one and half year of J1 waiver in a va hospital. I filed EB-2 with NIW through VA with I 485 on sep 29th which was approved. I also filed EB-1 on sept. 29th with CP as an option! Now EB-1 approved as well!

Question:
1. Can I request USCIS to withdraw EB-2 and attach 485 to EB-1 now or do I need to wait till I finish my waiver?!
2. Should I proceed with CP as I originally thought?!

Please advise.

Thank you
 
> 1. Can I request USCIS to withdraw EB-2 and attach 485 to EB-1 now
> or do I need to wait till I finish my waiver?!

As the 'physicians in underserved areas NIW' is the only I485 you can file before the end of your waiver, I wouldn't think so.

> 2. Should I proceed with CP as I originally thought?!

There are pros and cons for CP (see prior threads on that). With an approved EB-1 I140, you can potentially get your immigrant visa 3 years and 1 day after starting your waiver. Some people here mentioned how you can time/reschedule your application at the consulate in a way that allows you to go for your immigrant visa interview immediately after finishing waiver.

One thing to keep in mind: The EB-2 category is backlogged for 2 countries already (even EB-1 is). Nobody knows how the backlog will affect both categories in the future, but I would expect that it is less of an issue in EB-1 down the line.

I would keep the EB-2 NIW related I485 cooking until the backlog situation 1 year from now becomes clearer. Then, file for your CP and withdraw the I485 just before you leave the country for your CP interview trip.
 
Say, how did you get your EB-1 through ? Do you have plenty of publications, did you get good reference letters ?

Great to hear that once in a while a physician manages to get an EB-1 through. The best part about it is that you are not tied to a particular employer or practice location, you are free like a bird.
 
you want to listen to my story:

I am a board cetified urologist from India. I came to US in 1997 on H1 and I did not match urology anywhere! So I did PGY 1 and 2 surgery preliminary on H1. Then I got PGY3 urology in a uni. and they refused to do H1! before I changed to J1 I filed EB1 and 2- both were refused in 1999. I did urology and endourology fellowship on J1! I took it as a personal challenge and I wrote 34 peer reviewed publications, 2 review articles and three book chapters and 13 statewide and nationwide prizes. My work was extensively quoted by authors!I am doing a waiver in a VAMC. I did not have guts to file another EB1 so I filed EB2-NIW which was approved real fast! This I did through an attorney! Then I filed EB-1 all by myself with 10 support letters out of which 5 are independent referees! EB-1 approved in 2 months!!!!!!!!!!!! Go figure

MORAL of my story: even if you have a prior rejection! if you susbstantially improved your CV, you sure have a chance!!!!!!!!!!!!!!!!!!!!!
 
Cool, you really did your share of work, glad to hear that it finally paid off.

Getting into uro as a FMG is close to impossible these days (even getting into a categorical surgery spot is no cake-walk). Did you have any personal life during all this time, I mean you must have written papers/chapters all night during residency and fellowship.

Is your EB-2 NIW a VA sponsored 5 year deal or is it a 'plain vanilla' (INS vs NYS dept of transportation) NIW ?
 
My EB-2 -NIW is VA sponsored 5 year deal!
Yes! I used to spend lotsa nights and weekends writing and editing publications! With wife and kids and Uro reisdency was very demanding both sides! my wife was very supportive as well!!!!!!! Finally it worked out!This forum is the place I learned a lot and you guys are wonderful job guiding others! Let us continue doing this and help each other!
 
request information

Congratulations. What forms did you filed in EB2-NIW. Can I also ask sample copies of your application?

I will apply too. thank you and would appreciate very much your support.
 
CP processing

hadron said:
>

There are pros and cons for CP (see prior threads on that). With an approved EB-1 I140, you can potentially get your immigrant visa 3 years and 1 day after starting your waiver. Some people here mentioned how you can time/reschedule your application at the consulate in a way that allows you to go for your immigrant visa interview immediately after finishing waiver.
Click to expand...

I used to think that if you plan, you can potentially get GC though CP in 3 Yrs+1 day. Now I learned that you cannot apply for CP forms to USCIS until you have completed three years of waiver. Is this correct?
 
m_img said:
I used to think that if you plan, you can potentially get GC though CP in 3 Yrs+1 day. Now I learned that you cannot apply for CP forms to USCIS until you have completed three years of waiver. Is this correct?
Click to expand...

CP is a multi-stage process. You send various 'packages' back and forth with the national visa center. Once that is done, your file goes to the consulate which schedules you for an interview. It is my understanding that you can do the initial stages (applying for a visa number, submitting form DS230) before the 3 years are up. You can't go for the consular interview before you have completed the requirements of your waiver. 3 year 1 day would be close in any scenario.
 
Hi

I am on J1 waiver and completing 3 year this year.I have filed NIW and waiting for EAD/AP.
1. Is AC21 rule applicable for NIW filed 485. i.e Is it posible to move employers in MUA/HPSA area and still maintain the NIW- petitioned I140/485.
2. Does one have to remain in MUA/HPSA after completion of 5 yr under NIW. There has been different opinions and discussion here, but can someone please clarify this.
3. Can one travel on AP during this time.
Thanks for your reply
 
CP paperwork can be done before end of 3 years of J1 waiver

hadron said:
CP is a multi-stage process. You send various 'packages' back and forth with the national visa center. Once that is done, your file goes to the consulate which schedules you for an interview. It is my understanding that you can do the initial stages (applying for a visa number, submitting form DS230) before the 3 years are up. You can't go for the consular interview before you have completed the requirements of your waiver. 3 year 1 day would be close in any scenario.
Click to expand...

Yes agree with above. I personally know of 5 people who got their paperwork for CP going before the end of their 3 years of J1 waiver. Only the last stage - interview at consulate - was kept pending until the end of 3 years. All these persons got CP interview on 3 years + 7-20 days and were approved instantly. I got my interview on 3 years + 9 days

So again:

- for an approved I-140 for CP, you can start the paperwork before end of 3 years and ask the consulate for appointment for CP on (day 3 years + ..some.. days)
----------------------------------------------------
as for "murlakshmi" EB2-NIW & EB-1 and J1 waiver question:

i gather you have 2 approved I-140s
- VA sponsored EB2 NIW I-140 approved with I-485 pending (filed on sept 29)
- self filed EB1 NIW I-140 approved with CP option (filed on sept 29)

if i remember correctly you are close to finishing 3 years of waiver.

what next:

-- if you see processing times, the I-485 processing time for TX Serv center is Jan 2007. you filed I-485 on sept 29. so this I-485 will keep waiting for its turn. The EB2 NIW visa bulletin for india for Feb 2008 shows visa numbers are unavailable and will remain so. Hence your EB2 NIW I-485 might not be approved for next 2 years.

--- start the paperwork for EB1 NIW for CP. and hope that visa numbers remain current/not too much backlogged, so you can get your consulate interview soon.
This is your only hope of getting GC quickly.
 
I want to tell my HR clerk lady that VA hospital do support NIW. She says that it doesnt, in general.She has never worked on gren card before.
I need a few VA examples who have worked on this so that she can get guidance.
I will appreciate if all of you can provide a few VA hospitals as example who have worked on NIW EB2 .
Thank you

Ray
 
overton brooks va medical center. The HR filed around 10 EB-2 NIW national interest waivers! Ask your HR lady to contact Jerry Mills! 318 221 8411 is the main hospital phone #. Best of luck!

By the way I filed evidence that I finished 3 years in sept, 2007! I got physical GC in the last week of december!!!!
 
some questions, appreciate any answer?
as -1 waiver holder, can i file for advanced parol?
can i file all form 140,.....130, through the premium process?to get everything down fast?
 
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