NIW and wife's EAD

J

janish

Registered Users (C)
Guys,

I am planning to start J1 waiver in Pennsylvania. As you know one can not start processing J1 waiver before has permanent PA medical license and one cannot have permanent PA license before finishing residency. It means J1 waiver process starts after finishing residency.

My wife is applying for residency later this year ,I want her to apply with EAD status .Guys my question is, Can I apply for I 140 and EAD for my wife as soon as I get approval for J1 waiver from PA Department of health. I assume I will get approval for J1 waiver from PA Department of health in July and I WILL BE ABLE TO START job in end of septmber.

I appreciate your time.

Janish
 
I did a J1 waiver in PA from 2003-2006. You are not able to apply for EAD until you get your labor certification approved- either NIW or PERM.
 
What is the visa status of your wife? J-1?
After you get your J-1 waiver approved, you can start working on an H-1. Then you apply for labor certification- either thru PERM or NIW. When that gets approved you can file for I-140. You can not file I-485 (adjustment of status) until after 3 years (Perm) or 5 years (NIW).

If your wife is on a J-1 visa she will have to apply for her own J-1 waiver. My wife had to do the same thing as me.
 
confused

hey guys thanks for your answers.
I am little confused.My wife is on J2 .
As far as I know.

Question BY PACADOC_After you get your J-1 waiver approved, you can start working on an H-1. Then you apply for labor certification- either thru PERM or NIW. When that gets approved you can file for I-140. You can not file I-485 (adjustment of status) until after 3 years (Perm) or 5 years (NIW).


Ans--1. If one is filling EB2-NIW then one need not to file labour certificate.IS IT RIGHT?


2. I am talking about EAD ( 1-765 ) and not I-485 ( gc ). I am wondering if I can apply for I-140 in july once my ji waiver is approved by DOH.

jANISH
 
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Dear Janish

Ans--1. If one is filling EB2-NIW then one need not to file labour certificate.IS IT RIGHT? : YES Waiver word in NIW means waiving labor certification requirement


2. I am talking about EAD ( 1-765 ) and not I-485 ( gc ). I am wondering if I can apply for I-140 in july once my ji waiver is approved by DOH.

You can file 140 for NIW but will not get EAD.For EAD you should be eligible and should have filed 485 ( I did file NIW 140/485/EAD three years ago as India EB 2 was current then).I do not know your nationality but when you file for NIW and your date is current then you can file for 485 concurrently and then can get EAD.There is no EAD without filing 485.
 
Backlogged thanks for your answer

I am from India and as I understand I will not be file for i-765 as one also needs to file I 485 which I can not file because of retrogression.
So essentially, I do not have any option of getting EAD.iS IT RIGHT?
 
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