Is it possible to file LC/NIW on first 3yrs in residency

[serffv]

I'm on H1 right now and I'm doing basic science research as a postdoc. I'm planning to have 3 years left from 6 yrs maximum before starting residency. In that case, it's possible to stay on H1 until I will switch to J1.

My questions are:
1) could I file NIW....
2) ....or LC in first 3 yrs in residency?
3) if yes, when I will get EAD? after approved I-485?
4) if NIW wouldn't be approved (or LC would be pending/denied) is it possible to change status on J1 from H1 (w/o leaving country until receiving J1-waiver)?

thank you

 

[hadron]

You can only file an LC (including PERM) once you fulfill the minimum requirements for the job. And for 'physician general practice' that is having a medical license or being eligible for such. So, depending on the state you can only file an LC 1-3 years into residency.

For the NIW you need a letter of support from the state health department. They will give you that letter if you are a couple of months before the end of residency with a HPSA/MUA job lined up. It is unlikely that they will give you the letter for lets say a residency in a MUA/HPSA.

 

[serffv]

thanks a lot!

You can only file an LC (including PERM) once you fulfill the minimum requirements for the job. And for 'physician general practice' that is having a medical license or being eligible for such. So, depending on the state you can only file an LC 1-3 years into residency.

and for the specialist (in GS residency)?

For the NIW you need a letter of support from the state health department. They will give you that letter if you are a couple of months before the end of residency with a HPSA/MUA job lined up. It is unlikely that they will give you the letter for lets say a residency in a MUA/HPSA.

so w/o that letter from the state health department it's impossible to get NIW? (which is for EB2 category not for J1 waiver)