green card filing! Pls advise

H

Hysty

New Member
Hi
I am a physician and currently in residency. My J-1 waiver got approved recently and my lawyer has filed H1 visa application. I am asking for an opinion as all of you are immensely experienced over here.

-I plan to file for NIW now and get EAD and AP for me and my wife on the basis of NIW. My wife can use EAD for her residency and both of us can use AP for travelling as long as my orginal H1 employer does not change.
-Then to apply for labor certication once I begin my waiver this July and then file for AOS (I485) once the 3 years of waiver are over and hope to get green card via LC (hopefully before the 5 years).
-Is it okay to file via both NIW and LC?

Please let me know if this plan seems safe to you guys as all of you have either gone through it or are in the process of going through it. My reason for filing NIW is to get EAD for my wife's residency and AP as I really want go back to my country and do not want to take the risk of going to embassy for H1 stamping.

Please do advise.

Thanks a lot.
 
Answers to your questions depends on the country you were born in. If you happen to be from India,China (the retrogressed ones), then you cannot file for I-485 until the priority date is current. You cannot get EAD/AP until you file for I-485. If you are not from a retrogressed country, then you can file NIW-5 year under served area concurrent I-140/I-485 and your wife can use EAD/AP. I do not think you can use EAD/AP until you finish your 3 year J1 waiver.
 
Thanks for the reply.I am from Pakistan and I guess the dates are current (I hope so). One of my friends friend who is doing J1 waiver recently used AP to travel to pakistan and come back. Their opinion is that we should not use EAD but can use AP as long as we are working with the same H1 employer.
Please shed some light on it. I really want to visit but dont want to land into trouble.
Thanks once again
 
Logically, AP should have no connection but somewhere it could imply that you have already filed for adjustment of status which is defying the J1 waiver ruling. You have to weigh which scenario is less risky for you and go with it.
 
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