NIW 5 year ending in 2 months - problem

G

gondalguru

Registered Users (C)
My NIW 5 year requirement will be done in about two months.

Problem #1: Initially the I-485 was filed at TSC. TSC sent me two RFE (2 yrs and 5 yr completion). 2 yr RFE was sent to TSC on time. 6 months ago my lawyer got another RFE regarding completion of 3 yrs of my J1 waiver and we sent that also.

3 months ago my case was transferred to NSC. Now where do I send my 5 yrs completion documents to TSC v/s NSC as the Original RFE still has TSC address and we are supposed to send the original yellow RFE with required documents.

Problem #2: Since the approval of I-140 for NIW I have changed the job with different employer (but in the same area and same HPSA/MUA) I have even got support letter from Health Dept for new job. I have not filed for I-140 amendment. My lawyer said that it is ok not to file amendment as the geographical area is not changed and we have a new support letter from health department. Lawyer submitted and informed IO during last RFE(for 3 yrs J1 completion) about the job change in the same area and also sent the Health Dept support letter.

Should I need to worry about not filing I-140 amendment? (now a days I-140 processing is very very slow).

Is it ok for me to move out of the area using EAD/AP after the 5 yr completion?

My case is so messed up with NIW I-140 and 485 / PERM I-140 - 485 / Multiple AOS applications / Currently not working with original PERM sponsor and possible need for AC21...
 
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I Do Not Think There Is Any Problem In Changing Jobs After 5 Yr Completion. You Are Also In The Same Hpsa. That Is More Than Sufficient. I Think Your Case Is Solid.

This Is Just My Opinion And Not Legal Advise.
 
Thanks DRVR.

Lets hope for the best. I think I will be ok as I have very good attorney on case. But again you never know till u get your GC. Keeping my fingers crossed.
 
Hi,
Question to DRVR. Congrats on your approval. Did they(USCIS) ask for information on what you were doing currently..whether you were in the same job or not. I will finish my 5 year NIW this september and plan to do fellowship in 2009. 140 approved, PD is 8/05. One attorney ( Murthy ) said it cannot be done and I have to be in primary care. Another said it is ok. Any suggestions.
Viswanathan
 
They asked me if I had done 5 yrs of work at HPSA. They had reviewed that and he was only calling me back to say that my GC was approved. They did not ask me as to what I was doing now.. There is no clear statement in this regard.
Last time i checked the rule says that you do not require more than 5 yrs of work at HPSA. My suggestion is if your paperwork is ready and PD is current and if your GC is going to be coming in 6 months stay at HPSA. If it is going to take a while (in my case it took 2 years) it is worth considering fellowhip. Obviously you should be ready for legal battles if INS questions it. Get your attorney banking and as most of the forum members think that your case will be strong , legal and justifiable as you would not have crossed any rules written in INS books. If your fellowship is very difficult to get than that plays in the equation too.(I was pursuing cardio).

Check with a few more attorneys before you make any decisions. I have not seen any one else on the forum who completed 5 yrs yet.
 
Hi DRVR,
Did you start your fellowship with EAD or H1B? I wonder what Mr.Shusterman and Khanna think about this situation.Thanks
 
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