Jim Mills, Jaxen please help.

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saa

Registered Users (C)
I am a physician and plan to apply for EB 2 NIW on the basis of working in underserved area. I am confident it will be approved. One has to work in the undersreved area for 5 years before getting the GC.
My question is, do they allow AOS application and give EAD, and then hold the application for 5 years prior to approving the petition or does one have to wait for 5 years even before applying for AOS.
I have spent 3 years of H-1 on residency, I do not have 5 more years on H-1 left.
My current attorney is not sure. I am looking for a new attorney.
 
niw question

You have to get your NIW application approved by the service center. Once your I 140 is approved, you can apply for AOS. They will send the EAD for you and spouse( if no restrictions apply). You can also get advance parole for travel purposes.You dont have to wait for 5 years for that.
 
NIW for Physicians

You must complete your five years of service within 6 years following the approval of the petition. Time spent on J-1 nonimmigrant status doesn\'t count towards completion of the medical service requirement. After approval of the National Interest Waiver, you can apply immediately for AOS and EAD. You can also retain your H-1 status if you like but you will use time in H-1. Your required period of service in the underserved area began when you changed from J-1 status to H1B status.

For the I-485 top be approvedm you must complete your medical service. At the end of the 5 years of service, you must submit evidence that you have completed the required medical service. If the evidence is satisfactory, you will be scheduled for fingerprinting and cam submit the required medical examination report.

Jim

James D. Mills
Attorney at Law
jdmills@justice.com
732-644-5702
http://www.geocities.com/jamesdmillsesq/
 
Question for Mr. Mills

my approval notice does not state whether i am subjected to three or five years, also it has info about filing I-824 if I were to go for consular process, do I qulify for consular, I have already completed more than 3 yrs.
 
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