J1-H1-Green Card

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CanI

Registered Users (C)
Hello,

I will be starting work soon (a waiver position). Looks like most of you are at the end of the five year work requirement. Couple of questions.

1-Is it better to do the three year requirement, move to a regular position and do a LC based green card

or

2-Do the five year thing and file for a NIW a couple of months after I start working (say in May 04). Reason why I would want to do this is because I can do a concurrent filing of I140/I485 which will let my spouse to use the EAD for the next five years. Then wait for the I 485 to be approved after I submit evidence of practice in an underserved area.

Thanks
 
your options:

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1-Is it better to do the three year requirement, move to a regular position and do a LC based green card
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here u will get ur GC after about 5 yrs. (3 yrs of J1waiver + 2 yrs of LC based GC in FULLY SERVED area)

..................................
Do the five year thing and file for a NIW a couple of months after I start working (say in May 04). Reason why I would want to do this is because I can do a concurrent filing of I140/I485 which will let my spouse to use the EAD for the next five years.
........................................

here u will ger ur GC after 5yrs + time for processing of final papers by BCIS (at this time time, some ppl have been waiting for about 7 months and still no signs of BCIS acting on their I485


best wud be: do these 2 steps together -

1. file ur NIW I-140 and I-485, concurrent, NOW. there should be no delay in this.
u can use the initial *public interest letter from IGA* that u got for ur Jwaiver. If this letter gets more than 6 months old, u will have to get a NEW letter from the IGA.

getting a new letter is tricky > some states do not issue a new letter until u have WORKED atleast 2 YEARS in that area.


2. start working on ur LC also. LC > I140 > CP/I485
LC > about 1 1/2 yrs
I-140 > about 9 months,
then when ur 3 yrs are done: CP > 3 months
so u can get ur GC in about 3 1/4 yrs of starting Jwaiver job

.....................
ps: not a legal advice, personal opinion only.
 
Thank you very much. I think I will do it once I get the H1.

Which stage are you at the moment ? Good luck with the process.

Thanks
 
J1Victim,

If I file my I140/485 now, my spouse and I will get an EAD right ?

While I cannot use it, can my spouse use it ?

Also, if we start the regular LC based green card, will that have any effect on my spouse using the EAD from NIW ? Won't they question us saying you worked using EAD from NIW, but you abandoned that application in favor of LC based GC ?

My spouse is doing her residency on an H1 visa.

Thanks
 
answers:

ur Qs and their As:

If I file my I140/485 now, my spouse and I will get an EAD right ?
yes!


While I cannot use it, can my spouse use it ?
Yes!

Also, if we start the regular LC based green card, will that have any effect on my spouse using the EAD from NIW ?
No!


Won't they question us saying you worked using EAD from NIW, but you abandoned that application in favor of LC based GC ?
No


My spouse is doing her residency on an H1 visa.
tha'ts good.


u can email me at: j1victim (at) yahoo.com

...................
ps: personal opinion only, not a legal advice
 
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