Need some info about NIW/EAD/LC

G

gcby2020

Registered Users (C)
Hey gurus of NIW:

I need some help. I am practicing in HPSA in New York for last few years on H1B (never was on J1). I have applied for labor certification in 2001. With all the mess in DOL, my LC is not likely to happen for atleast one more year. Meanwhile encouraged by this site, I have applied for NIW in 10/04 since I have been practicing in HPSA (I complete my five years in June 2005). OUr AP has been approved and FP is to be done next week. One of the prime reasons I have applied for NIW is for my wife to get EAD so that she can start working. Since I am on H1B I am anticipating that USCIS will insist on working for five more years after my 1-140 approval (which may be happen in 2006). I have absolutely no plans to work with my current employer till 2011. My plan is to withdraw my NIW application once my labor cert is done. Here are questions:

1) My wife may get her EAD in next couple of weeks. If she decides to use her EAD for work, what happens to her current H4 status? CAn she continue to remain in H4 while working using EAD? I am planning to continue with my H1B status till I get my GC (if that ever happens). I have absolutely no plans of using my EAD.

2) At what stage can one withdraw application for NIW? As I said above I want to withdraw my application for NIW as soon as my labor cert goes through. Am i doing illegal over here with this plan? Can one withdraw NIW application after I-140 has been approved?

3) Our advance parole has been approved. What does that mean. Does it have any bearing on the future decisions on EAD/I-485/I140. What I want to know is that since AP has been approved, does that mean I-140/EAD/1-485 will be approved.

Do you know anyone who has applied for LC and NIW at the same time and later on either withdrawn either the LC or NIW later on depending upon which route gives the GC fastest?

Any info on this will be helpful.
 
gcby2020

Hi,
i am in a similar situation. could you please let me know what steps have you taken? Ask hadron or J1 victim or kidsdoc
jay2005
 
This is how I understand it, again, my field is medicine not law:



> If she decides to use her EAD for work, what happens to her
> current H4 status? CAn she continue to remain in H4 while working
> using EAD?

If she accepts work using the EAD her H4 status becomes invalid and she changes to 'Adjustee' status. If she still has a H4 stamp in the passport, she can re-enter on that H4 and return to H4 status (which she will loose the day she returns to work).

This means two things: Unless she gets new H4 stamps, she has to re-enter using AP which is a whole different beast in and by itself. Having entered as 'Parolee' is sometimes different from having entered on a visa.

> 2) At what stage can one withdraw application for NIW?
> As I said above I want to withdraw my application for NIW as
> soon as my labor cert goes through.

At any stage. Just be sure that your wife whose status depends on a pending I140/I485 combo is in valid H4 status at that point.

> Am i doing illegal over here with this plan? Can one
> withdraw NIW application after I-140 has been approved?

As long as you work in the underserved area, I don't think it is illegal to obtain an immigration benefit based on the proper adherence to the terms of this I140. What would be illegal is to use the EAD, go off to the other side of the country and just to hope that at the end of the 5 years they send you a GC (people have tried this and got hauled in).

> 3) Our advance parole has been approved. What does that mean.

For you it means nothing, bc you are planning to maintain H1bs until you get your GC. For your wife it means she can re-enter on AP if she decides not to extend the H4.

> Does it have any bearing on the future decisions on EAD/I-485/I140.
> What I want to know is that since AP has been approved, does
> that mean I-140/EAD/1-485 will be approved.

Does the fact that one streetlight failed while you drove past mean that more streetlights will fail while you drive past in the future ? No. It just means that some worker ant in the 'AP production line' looked at your application and found that all the t's were crossed etc.

(However: In self-petitioned cases such as EA and NIW they sometimes DO a cursory review of the underlying I140 to weed out the ones who have absolutely no chance of getting approved. If they feel that you filed something frivolous just to get an EAD, they will put the approval of AP and EAD 'on hold' until the I140 is approved/denied).

PM hashitoxicosis. I believe he did what you are doing (NIW to get EAD for wife and then LC).
 
Thanx Hadron for all the input. I am about to send my final papers for 485. I am hoping that they count my five years that I have worked so far. But then with USCIS you never know. WOrked so hard to avoid a JI only to realise maybe J1 would have been better. Atleast you are guaranteed a GC at the end of five years.
 
How are you guaranteed the GC after J1 ?

Your NIW case IS a bit different in that the time before I140 approval in H1b status counts, but otherwise it is pretty much the same.

I tell everyone on H1b who wants to hear it or not to get themselves a job in a HPSA and file an I140 the moment they have their medical license (usually as FMG that is in PGY3). That way, the approval of the I140 coincides with the start of the job and all 5 years count. It also allows wifey to work without delay.
 
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Niw/lc

How does interfiling work for Non J1 NIW with I 140 approved and a simultaneous approved PERM case
 
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