Is it possible to apply for NIW during residency

J

Justpassingby

New Member
Hi all,

I am a second year resident who wants to apply for NIW and EAD in order to get employment authorization for my non-medico wife who is currently on my dependent visa (H-4)

I have a few questions and will really appreciate the help of stalwarts here:

1) Can I apply for NIW on my own without having a job offer ?

2) Can I apply for regular route (Labor certification) even if me and my wife are on EAD (obtained through NIW route) if i can get a job in states where labor processing times are less (eg Maine, Mo, SD, ND etc)

Thanks in advance for your advise.
 
> 1) Can I apply for NIW on my own without having a job offer ?

Yes. As long as you find a state department of health to support you. However, in absence of a 5 year employment contract, you will have to come up with a detailed business plan for your practice (This includes a practice location, real estate, what insurances you will take, staffing etc.) It is definitely easier if you have an employer who will give you a 5 year contract.

There is a guy with the handle hashitoxicosis who used to post here who got the EAD for his wife this way.

Be careful not to use your EAD for residency. There has been a precedent case where someone tried to outsmart the goverment. She ended up with a revoked GC and 6 years of unlawful presence after they found out.

> 2) Can I apply for regular route (Labor certification) even if me and my
> wife are on EAD (obtained through NIW route) if i can get a job in
> states where labor processing times are less (eg Maine, Mo, SD, ND etc)

Yes.
Depending on the processing center, you can even change the I485 from the NIW to a LC based I140 (NSC in Lincoln,NE apparently refuses these transfers, the others do them). But given the shorter processing times for I485s and the possibility of consular processing for a LC based GC, it can be a viable option to start over and re-apply anew once the LC is through.

Btw. If the PERM program continues the way it was intended, there shouldn't be a difference whether you are in Hawaii or South Dakota. In 90% of cases you should get your LC in 60 days.
 
above method only works if you are not from a retrogression struck country.

essentially by the last 6 months of residency, get your 5 yr contract (can be for a future date) and a state letter

apply for I-140 (NIW),I-485, EAD etc concurrently. Your wife should have an EAD in 4-5 mos.
 
how r u hashitoxicosis?

hadron said:
Hey, hashitoxicosis. How are things going ?
Click to expand...
hey hashi,
long time since we had a talk. u had vanished from these forums.
goood to see u here.
.
 
i read these forums often, don't write just because my immigration life is in a stand still for 5 yrs :-( Haven't made any progress since I last wrote!
 
can we start PERM now if we find a employer who is willing to sponsor/ hire after completion of residency in 2008. How does the employer certify now that there will be no US candidates available in 2008.
 
How does the employer certify now that there will be no US candidates available in 2008.
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If the employer files PERM in july 2006, he certifies that for 'physician general practice' he could not find a citizen or PR and that YOU fulfill the minimum job requirement on july 2006.

(there are people in the IT sector who file GCs with labor certifications dating back to 1998. If you faintly remember the economic situation in the IT industry back then compared with now, you understand how utterly idiotic the current handling of labor certifications by USCIS is.)
 
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