NIW 140 is approved: Am I eligible to apply for EAD and AP ?

S

sree1823

Registered Users (C)
Hi,

I'm a physician doing J1 waiver 2nd year.

I applied for NIW (filed 140 and 485, concurrently) in July 2007.
My husband got EAD and AP in Sep 2007.

In Oct 2008, I-140 approved.

My question :

Can I apply for EAD and/or AP ? (I'm from India)


Thanks in advance
Sree
 
Sorry my friend but you are a long way away from being able to apply for 485 and therefore EAD/AP. EB2 India is now at Feb 2004, with literally tens of thousands of people ahead of you.
Having said that with the erratic ways of the USCIS, you can never tell. Sometimes to "use up" the annual quota they advance priority dates abnormally for a month or two window, only to pull it back. IF you have your 485 application/file ready to send or close to it, then if you get such a chance you can do so and then you are eligible for the derivative benefits(EAD/AP) until adjudicated.
Good luck.
 
posmd said:
Sorry my friend but you are a long way away from being able to apply for 485 and therefore EAD/AP. EB2 India is now at Feb 2004, with literally tens of thousands of people ahead of you.
Having said that with the erratic ways of the USCIS, you can never tell. Sometimes to "use up" the annual quota they advance priority dates abnormally for a month or two window, only to pull it back. IF you have your 485 application/file ready to send or close to it, then if you get such a chance you can do so and then you are eligible for the derivative benefits(EAD/AP) until adjudicated.
Good luck.
Click to expand...

Thanks for the reply.

I already filed 485 with 140.
I guess I can apply for EAD/AP once I finish 3 year waiver commitment.
 
Sorry, I missed that in your original post. Of course you can apply for EAD/AP anytime. On whether you can use them before the 3 yrs, I would say avoid that, since the law explicitly states you must do your waiver in H1b status.
After that, you can pretty much use your EAD for any NIW commitment and additional moonlighting as well, as long as you are fulfilling your NIW obligations.
Generally the USCIS is interested in your 5yrs of HPSA/MUA service and the burden of proof is on your for that. The law is explicit about this 5 yrs of approved HPSA/MUA work for your green card.
Your wife/husband however can apply for and use their EAD even before your waiver is done.
 
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posmd said:
Sorry, I missed that in your original post. Of course you can apply for EAD/AP anytime. On whether you can use them before the 3 yrs, I would say avoid that, since the law explicitly states you must do your waiver in H1b status.
After that, you can pretty much use your EAD for any NIW commitment and additional moonlighting as well, as long as you are fulfilling your NIW obligations.
Generally the USCIS is interested in your 5yrs of HPSA/MUA service and the burden of proof is on your for that. The law is explicit about this 5 yrs of approved HPSA/MUA work for your green card.
Your wife/husband however can apply for and use their EAD even before your waiver is done.
Click to expand...

Thanks for your reply.

My lawyer told me that I can apply for EAD/AP after the completion of my waiver (3 years).

Thanks
 
Hi Sree 1823,

I am in pretty much similar situation (J1 physician currently working in an underserved area), country of origin : India.

I was told that I cannot file I140/485 concurrently for my EB2 NIW since my priority dates are not current. But it seems you were able to do that. Am I missing something here?
 
You missed the boat when it left for off-shore in july 2007!! Get in the line (File your 140) and wait until PD becomes current..I am sure boat will make second trip soon, then you will be able to take-off (485) , take-off...yeah in a boat!!
 
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