Niw 5 Yr Completion

[gcmd]

Hello everyone

Anyone with recent experiences after completion of NIW 5 year commitment and submission of final documentation???
Any response from service centers? or any approvals ??
How long does it take for final 485 approval after 5 year completion. any feedback appreciated!!!

thank you

 

[sinayat]

After completion of 5 years it can take from 3 months to one year to get approval. I completed 5 years in april 2005, got approval in feb. 2006. Good luck.

 

[gcmd]

Thanks Sinayat for your reply. Can one leave the underserved area after another 6 months after 5yr commitment???. Also was your service center - NSC?

thank you

 

[sinayat]

From what I have been reading in the forums, once you complete 5 years you are free to move to another location. From my perspective I would suggest that wait till you get your plastic card because if your employer later refuses to provide documentation or raises other obstacles then you might face problem. Of course this is my opinion to get more info search on the forums.

My service center, TSC.

 

[posmd]

Niw

My understanding is that a physician NIW based on service in a HPSA/MUA is not employer dependent..................atleast in the federal legislation.
Hence though you may need to demonstrate employment (for some state Dep't of health) or demonstrate that you have been in full time clinical practice in an underserved area. The approval of your 485 is not dependent on your employer at all.
My lawyer who specialises in physician immigration has in fact advised me that I would be on solid legal footing if I were to leave after completion of my five yers, since the law is very clear on this issue. The six months you refer to is more pertinient to labour cert. based green cards, where you would have to prove you had a bona fide intent to continue in that job................so most lawyers feel they have a case at 6 months. No such thing is needed for a NIW based immigrant petition.
What is not clear is what constitutes adequate employment after this period. eg outpatient clinic, hospitalist, fellowship, moonlighting only etc etc. She seemed to draw the comfort line at the first 2, but it is open to interpretastion and depends on your appetite for risk.