NIW completion

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PGI

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Hi all, i am approaching completion of 5 yrs of NIW requirment. I don't have LC , and 485 has been pending since march 02.Have EAD, never used. Does anyone know if one can change locations or go for fellowship after 5 years. Also can CP be filed if 485 takes a long time. Heard through the grapevine that BCIS takes a long time to approve NIW based I485 cases.
 
hi PGI yes one can change the job or do fellowship once done with the 5 year commitment and it is not true BCIS is taking long to get approval for NIW cases( not for MDs working in MUIA/HPSA)areas we guys are getting green card because we have worked/working for 5 years and once u have fullfilled that u r free bird.Thats what I understood after going through the federal register about NIW for MDs in MUA.
Did u get ur FP notification.
which state /service center are u in?

This is my personal views in fact my lawyer has send letter to BCIS asking the same question and is waitng reply from BCIS if i come 2 know anything will post it in the forum
 
on 2 ur second question about changing to CP yes u can go through AC-140 ( attorney certified 140) route I think Delhi/Bombay does accept am not sure if Chennai accept that or not. All u need is reciept notice of I-824,attorney certified approval notice of I-140 and a letter of hardship which has to be send to the consulate and once it reaches usually within reasonable time frame(3-4) months one gets the interview date from consulate.
Hope this helps

This is my personal views which I have after reading all the details about NIW etc for MDs in MUA
 
Hi Kidsdoc thanks for your reply, I had read the NIW regulations twice and came to the same conclusion as yours but this also seems to be a grey area. i had my first FP in april 02, recieved notification within days of filing of 485. Service center is CSC, they are currently doing dec 01 cases, hope to have march 02 files picked in next few mos. are you going via 485 or cp.
 
I am also going to complete my 5 year in Oct. Received a letter from USCIS in Oct 2003, that they confirm my completion of 1 year of service and want me to inform them when I complete 5 years. Did not get any finger-printing yet. My attorney told me to stay here until I receive GC.
PGI, KIDSDOC, J1VICTIM please keep in touch and keep this board alive.
Anybody completed health physicial with I-485.
:( :(
 
Hi Alam144, i never got any notification of completion of any years from CIS, can you elaborate on your notification. what's your service center.
 
hi folks i had applied for my NIW when I had finished my 2nd year on H in MUA and excatly after 1st anniversary of my NIW ( as per the fed register) I had send a letter from state Department ( got waiver through state20) a letter from my employers(had 2 change the job after 1 year cause of some unavoidable circumstances)and my w2s and tax returns for last 2 years informing BCIS that I have been working in MUA/HPSA since xxxxxx date. and also send another letter and tax returns, after finishing my fourth year .State department of Florida are very cooperative in this matter HATS off for them. Few days after I had send the information after the second notification they send me a Finger printing notification it is almost 1 year I have done my FP My wifes file was opened last week as we got her fingerprinting notification for Feb 2004. never called BCIS about the case neevr did lawyer called them.
I have not done the medicals for myself/wife as yet as per federal register and planning to do the medicals and send it next month as donot want to get any RFE for the case.
as per changing the job my lawyer has send a letter to BCIS asking the same question and is waiting a reply from them shall keep u posted
All the best
well we all know we will eventually get the green card and am really not worried about thats as life is 2 short 2 worry about that
Bye and stay in touch
hope this helps
This is what I have done I usually follow what is written in federal register
 
Update

Got RFE from CSC for pay stubs, W2's,tax returns , employment letter.Replied and CIS received it around mid may. No second FP yet though wife received hers recently.
By the way service center wrongly calculated my starting date as the I140 NIW approval date instead of the date of J1 to H1b conversion :(
Lawyer in his reply to RFE has addressed this mistake.
I think the RFE was triggered by the recent lawsuit by Shusterman etal. Lawyer incidentally mentioned that CSC had sent a bunch of NIW RFE's with wrong starting dates.
Current processing is two months past mine. Hoping for approval in the next few months.
 
PGI said:
Hi all, i am approaching completion of 5 yrs of NIW requirment. I don't have LC , and 485 has been pending since march 02.Have EAD, never used. Does anyone know if one can change locations or go for fellowship after 5 years. Also can CP be filed if 485 takes a long time. Heard through the grapevine that BCIS takes a long time to approve NIW based I485 cases.
Click to expand...

According to my lawyer, joining fellowship before getting green card could be a problem. The basis for GC in NIW category for physicians is work in HPSA/MUA. Therefore, a 485 petition may be denied if at the time of adjudication (or CP) NIW physician is not working in one of those areas. Please post if your lawyers have different opinion.
PGI - when were you in PGI? I did Peds SR from PGI in 1990-91.

140 NIW AD 07/02
140 LC AD 07/03
485 RD 09/02
FP 11/03
FINISHED 5 YRS MUA/HPSA SERVICE 06/04 BUT CHANGED BASIS OF 485 TO LC BASED 140 10/03
485 AD ????
 
one has to show 5 years of fulltime work for NIW ,if BCIS is satisfied you will get your green card , hence one can move to any place or do fellowship or anything after 5 yrs is over.this is niw rulefor physicians, for everyone else niw say for engineers , one has to stay in a similar job until i485 is approved.
thanks
 
I totally agree with what coloradoniw has written one can sure cahnge jobs do fellowship after finishing 5 years of commitment per my lawyer
 
NIW completion and fellowship

kidsdoc said:
I totally agree with what coloradoniw has written one can sure cahnge jobs do fellowship after finishing 5 years of commitment per my lawyer
Click to expand...

theoreticaly you are right. in reality, i don't know of anyone who moved immediately after 5 years.

better to wait (until your GC) than be sorry! when you waited 5 years, why not another 6 months?
I think i am being pessimist .... but .... with USCIS ... you never know
 
Niw

just rcvd letter fron INS stating that my 5 yr service reqiurement has been met and they have resumed processing of my i-485.
thanks
 
hi coloradoniw
when did u finish ur 5 year commitment i have not recd any letter just got RFE asking for medicals can u please share the details like service center and when did u finish 5 years etc
 
myservice center
is NSC
I finished 5 yr on may 31,04
sent papers to ins on june10,04
INS sent letter on july15,04
 
Thanx for ur reply when did u do medicals?when do u anticipate getting approval can u share ur RD/ND
 
Hi Coloradoniw:
Would you please explain what kind of papers did you send on June 10,04 to INS. Did you receive any finger-printing notice ? I heard for Nebraska ( I am also from Nebraska)we have to wait for finger printing until completion of service. Thanks.
 
hi I have filled at TSC My lawyer has send a letter from state Deptt last 3 years w2 ,tax returns and letter from employer.I did my FP last year june about to expire just got RFE
 
i sent w2 forms, tax return copies and letter from employers for total of 5 yrs.
i actually sent my medical on june10,04
no fp yet
my rd dec01
 
Thanx for the reply r u peds from PGI??
I am a pediatrician please provide u email would like to discuss about NIW
 
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