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[sjian]

I am a neonatologist. I came on J1 and after completing my residency and fellowship, worked for 3 years on O1 visa. I got a J 1 waiver position and now working as primary care pediatrician in underserve area. The time my J1 waiver approved, my EB1 and EB2 application were also approved. Now I want to know when I can apply for green card. Which route should I take EB1 or EB2. Should I apply for EAD now or should wait.

 

[hadron]

- you have approved I140s, congratulations

- use EB-1 petition. Unlikely to get backlogged, highest flexibility after approval.

**edit** following paragraph is nonsense
- you can file I485(AOS)+I765(EAD) while still in H1b waiver status. You CANNOT use the EAD however as you have to remain in H1b status for the entire 3 years. (sorry, no moonlighting as neonatologist in the tertiary care center)
**end-edit**

- consider going for consular processing. You already have an approved I140. Theoretically you could have your consular interview 3 years and 1 day after the start of your waiver.

-talk to a GOOD immigration attorney. I would guess that you already have one given the multitude of 'premium' petitions you managed to get approved.

- you (01+EB1+EB2 but stuck doing a primary care waiver) are living proof that the AMA is our enemy, that congress is clueless and that the US shoots itself in the foot with their cumbersome immigration laws.

- I can feel your pain. After 6 years of 'life-saving' in the NICU you have to see runny noses and bitchy mothers all day.

 

[J1victim]

O1 > I-140 EB1 + I-140 EB2 ... what to do now ...

... on J1 waiver Position in IL....was on O1 before staring my J1 waiver job. I got approval of I 140 in August 2004 on EB-1 and EB- 2 basis before i started my J1 waiver job. Should I apply for EAD now or wait for 2 years and then apply. I still need to work 5 years in underserve area to get EAD on both EB-1 and EB-2 basis.

you can file I485(AOS)+I765(EAD) while still in H1b waiver status. You CANNOT use the EAD however as you have to remain in H1b status for the entire 3 years. (sorry, no moonlighting as neonatologist in the tertiary care center).....

>>>> NO. partially correct. First some facts -
- sjian's EB1 I-140 is outstanding extraordinary ability
- sjian hasn't specified the basis of his EB2 I-140 (it could be *outstanding researcher based* OR *employment based* OR *NIW physician based*)
- sjian hasn't told when does he finish his 3 years of J1 waiver job (his period on O1 doesn't count)

now the problems and the solutions :
- sjian can NOT file his EB1 I-140 based I-485 before end of 3 years of waiver job.
-sjian can NOT file his EB2 I-140 (if labor based or outstanding researcher based) I-485 before end of 3 years of waiver job.
- sjian CAN file his EB2 I-140 (if NIW Physician based) I-485 BEFORE expiry of 3 years of waiver job.
- however, if he wants to go via the CP (consulate processing) route, then he can use any of the 2 I-140s, and start the process BEFORE end of 3 years of waiver job.
- The paperwork for CP route takes about 4-5 months after I-140 approval. so one can have all the paperwork completed and be ready for interview BEFORE end of 3 years of waiver job.
and take the interview on 3 years + day 1 or day 2 or 3 or 4 or 5 ....
- the EB2 category is likely to backlog in mid 2006, so he may have delay in his EB2 based GC process. here the time of finishing his 3 years of waiver job becomes important.
- in above situation, EB1 based I-140 will come to the rescue as EB1 based GC is unlikely to be backlogged.

You CANNOT use the EAD however as you have to remain in H1b status for the entire 3 years. (sorry, no moonlighting as neonatologist in the tertiary care center).....

- first statement is correct.
- solution for 2nd: to do monlighting - file a separate (concurrent) H1 for PART TIME job.

....I can feel your pain. After 6 years of 'life-saving' in the NICU you have to see runny noses and bitchy mothers all day.

>>>> NOPE. i disagree. i have mostly seen worried mothers who are rarely hateful.
.

 

[hadron]

Options for moonlighting: If your primary care employer plays along, they can 'rent' you out to whoever needs NICU coverage. After you have served your 36-40hours/week you are free to pursue other work.
- If the income gets routed through your employer and appears on your W2, you end up paying FICA on it.
- file a second H1b

Frequently people working for the VA on a 5/8th position have a second 3/8th job at the affiliated university hospital.

As for the bitchy mothers: Been there done that. After 4 hours of clinic they had to send me an escort of hospital police to make sure nobody got hurt [;-))

 

[sjian]

Clarification

1- My J 1 waiver finish in august 2007.
2- My EB-2 is on NIW basis

Can I file EAD for my wife and kids or not ?
Can I get travel document for my wife and kids once I file 485 or not?

 

[lalalala]

yes u can file for AP EAD for wife and kids , actually for NIW/EB2 u could have concurrently filed 140/485/AP even before, but don't use EAD for yourself

 

[hadron]

> 2- My EB-2 is on NIW basis

Is it the 'physician in underserved area NIW' or the 'I am working on an important project and gods gift to neonatology NIW' ?

Apparently, only the 'underserved NIW' can file I485 for himself before the 3 years are up. This is bc it is explicitly stated in the INA (something like 'nothing in this sections should preclude the timely filing of an AOS based on section XXX.XX and XX.YYY by such a physician')

> Can I file EAD for my wife and kids or not ?

You have to file I485 for them, based on that they can file for EAD and travel documents independent of whether you yourself file I485 at the same time.
(I don't think they will approve you wifes I485 though until yours gets adjudicated)

 

[sjian]

Niw

My NIW was on basis of Neonatology and it's demand in USA and not on the basis of underserve area.

 

[hadron]

Thats great ! I know some folks who managed to do that. File a 'plain vanilla' NIW as physician specialist arguing all kinds of things.

Don't file I485 then, this exception doesn't apply to you then.