NIW approval- some Questions.

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pddoc

Registered Users (C)
I filed my NIW and 485 in Nov 2004 at Texas center. Which dates are they doing these days? Any one got approval for Nov or later NIW.

I have another question. I am completing 5 years in december this year at my present job from where this NIW was filed. I've been on H1b (not a J1 waiver). Will my past period count towards 485 or not? According to my attorney some cases they have counted. Any body had this kind of luck/ experience. Thanks.
 
pddoc said:
I filed my NIW and 485 in Nov 2004 at Texas center. Which dates are they doing these days? Any one got approval for Nov or later NIW.

I have another question. I am completing 5 years in december this year at my present job from where this NIW was filed. I've been on H1b (not a J1 waiver). Will my past period count towards 485 or not? According to my attorney some cases they have counted. Any body had this kind of luck/ experience. Thanks.
Click to expand...

I am in the same boat. Non J1 completing five years in HPSA in June 2005. Have filed for NIW (while waiting for LC). Lets see what happens. Keeping my fingers crossed. I will be going for Medicals this weekend and send the final documents (Medicals, letter from employer that I am completing five years and form 750B which I forgot to include in my original application). Keep in touch. I am hoping that they have some mercy on us. It will be cruel to make us work for another five years before they give us GC.
 
pddco & gcby2020:

The USCIS rule (for non-J-1 NIW) is that 5 years will start from the day of approval of I-140. All prior work in underserved area is irrelevant.
Shusterman had filed a suit regarding this interpretation, and it was thrown out. They have appealed this ruling in Dec 2004 and we are all eagerly waiting for a positive verdict.
I am in the same boat with LC pending.
 
permperm said:
pddco & gcby2020:

The USCIS rule (for non-J-1 NIW) is that 5 years will start from the day of approval of I-140. All prior work in underserved area is irrelevant.
Shusterman had filed a suit regarding this interpretation, and it was thrown out. They have appealed this ruling in Dec 2004 and we are all eagerly waiting for a positive verdict.
I am in the same boat with LC pending.
Click to expand...

I am aware of that stupidly nonsensical rule. I am just trying my luck. I should have a verdict from VSC in couple of months. I will keep you posted.
 
Are the rules in terms of start of 5 year period different for J1 waiver than non J1 waiver?

Thanks,
 
Hi GCBY2020

What stage is your LC? What is your lawyers take on your chances to get GC in June? I have sent you a private message.
 
pddoc said:
What stage is your LC? What is your lawyers take on your chances to get GC in June? I have sent you a private message.
Click to expand...

I didnt get any email. I have self petitioned NIW. LC is stuck in philly BEC. DOnt knnow when is that going to happen. I didnt undertand your question regarding my getting GC in june. I dont think that is going to happen.
 
I am in the same boat, over 3 years 2 months in HPSA with still pending NIW I-140.
Not sure when the final 5 years count down will start.( always H1b)
I did wrote a letter to Ombudsman @ NSC asking for credit on my time serve at HPSA. THey just recenty issued RFE on my still pending NIW 140.
Any way did any thing happen to your cases guys
My RIR stuck at Dallas BEC since oct 2002 no news yet.
 
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