Hello all,
I have been reading this forum for last few months, and find it very helpful. I am a physician and have filed for EB1-EA. My details are:
I-140
ND: September 3, 2003
TSC
Unfortunately, I discovered this forum after I had filed the petition. Had I known of this forum earlier, I could have a prepared a much better case.
However, I also have an interesting situation:
In 1996, I was offered a job in medically underserved area (MUA). My attorney filed a waiver application and NIW at the same time. My waiver application was rejected but NIW was approved in April 1997. I left USA in september 2003 to complete the 2-year home residency requirement.
My attorney who prepared my EB-1 petition had told me that to use the approved NIW, I wil need to work in MUA for 5 years. However, my previous attorney who had filed NIW is telling me that I can get green card through CP once I have completed the 2-year home residency requirement based upon the approved NIW/I-140. He said that as my NIW was approved before 5-year requirement was implemented and I am not subject to it. However, I will need a job offer in MUA and will need to work in MUA for at least few months before I can change the job. Looking at the approval notice, it says that I-140 was approved as "Member of prefession with advanced degree or of exceptional ability section 203 (b) (2)", and does not mention anything about working in MUA.
My questions to the experts are:
1. Is my attorney correct?
2. Do I need to get a job offer in MUA?
3. Assuming that I get a job in MUA (if needed), and use the offer letter to get the GC through CP, how long will I need to work for that employer before I can change the job? I am a subspecialist and a bit reluctant to work as a primary care physician (which most of MUA jobs are).
I am not very optimistic about my EB1-EA petition. Hence I am trying to explore this option.
Your responses are very much appreciated!
PS: Sorry for this long mail but I needed to explain the situation.
I have been reading this forum for last few months, and find it very helpful. I am a physician and have filed for EB1-EA. My details are:
I-140
ND: September 3, 2003
TSC
Unfortunately, I discovered this forum after I had filed the petition. Had I known of this forum earlier, I could have a prepared a much better case.
However, I also have an interesting situation:
In 1996, I was offered a job in medically underserved area (MUA). My attorney filed a waiver application and NIW at the same time. My waiver application was rejected but NIW was approved in April 1997. I left USA in september 2003 to complete the 2-year home residency requirement.
My attorney who prepared my EB-1 petition had told me that to use the approved NIW, I wil need to work in MUA for 5 years. However, my previous attorney who had filed NIW is telling me that I can get green card through CP once I have completed the 2-year home residency requirement based upon the approved NIW/I-140. He said that as my NIW was approved before 5-year requirement was implemented and I am not subject to it. However, I will need a job offer in MUA and will need to work in MUA for at least few months before I can change the job. Looking at the approval notice, it says that I-140 was approved as "Member of prefession with advanced degree or of exceptional ability section 203 (b) (2)", and does not mention anything about working in MUA.
My questions to the experts are:
1. Is my attorney correct?
2. Do I need to get a job offer in MUA?
3. Assuming that I get a job in MUA (if needed), and use the offer letter to get the GC through CP, how long will I need to work for that employer before I can change the job? I am a subspecialist and a bit reluctant to work as a primary care physician (which most of MUA jobs are).
I am not very optimistic about my EB1-EA petition. Hence I am trying to explore this option.
Your responses are very much appreciated!
PS: Sorry for this long mail but I needed to explain the situation.