Niw Cos/aos

N

neel271

Registered Users (C)
I am another J1 physician who is shortly going to start working on H1B IGA employer. Country of origin is India. IGA letter (National/Public Interest) March 20, 2006. DOS Letter March 23, 2006. USICIS (I612) receipt April 7, 2006. Final USCIS J1 waiver approval pending. H1B (regular processing) filed. H1B receipt pending or recived with IGA facility. Supposed employment beginning date July 1, 2006. Requested date on H1b July 1, 2006.

NIW/EB2 for primary care physician:

Q1. Am I ready to file I-140 (either COS or CP) even without H1B approval or without USCIS J1 waiver approval?

Q2. Is USCIS J1 waiver letter needed for I-140 or before I-485? (IGA physician case is pretty straight forward for the USCIS but some times it has remained pending for months with USCIS!!! Mine will be celebrating 3rd month annniversary very shortly, and God knows how much longer it can be!)

Q3. Since Indian EB-2 (NIW physician) is in retrogression to 2003, can I derive the benefit of filing I-140/I-765 (EAD)/I-485 together? (I am more interested in EAD for my spouse. I understand that I485 will not be adjudicated unless the 5 year requirement is met.)

Thanks for listening.
 
> Q1. Am I ready to file I-140 (either COS or CP) even without H1B
> approval or without USCIS J1 waiver approval?

Yes. You can file the NIW months before you even start the job.

> Q2. Is USCIS J1 waiver letter needed for I-140 or before I-485?

If they want it, they will send you an RFE. Checking whether you obtained a potential J1 waiver is part of the I485 process. I140 has nothing to do with it. You will however need the letter from the state health department certifying that your work is in the public interest.

> Q3. Since Indian EB-2 (NIW physician) is in retrogression to 2003,
> can I derive the benefit of filing I-140/I-765 (EAD)/I-485 together?

I believe you can't file 'concurrently' while in retrogression. You can file your I140 to lock the priority date, but you will have to wait until your date becomes current to file the I485.
Are you born in india ? (some of you guys have very mobile parents and your country of chargeability might be Quatar or Kenya or any of the other places where you tend to encounter indians).
 
For Hadron

1) Yes I am born in India and have been in the US for last 6 years (J1 visa) with an Indian passport. Therefore I assume I am subject to retrogression?

2) Incase of NIW physician the I-140 is submitted by the employer or the beneficiary?

3) What will the basic difference be in between COS versus CP on the I-140 form. I understand that in CP we dont have to file I-485 rather get the permanent resident at the counsulate of choice mentioned in the I-140 -- at what stage this has to be initiated (on I-140?)? I mean once the I-140 is approved, what do we have to do? Just wait and work for 5 years? Please clarify on CP.

In change of status I think I will be able to submit the I-485/I-765 once the PD becomes current (Although unpredictable but can happen in my case in next 3 years or so!)? Once EAD arrives and 3 years are completed, in my understanding I should be able to switch job (if need be) and finish remaining 2 years in another HPSA/MUP/MUA etc. I-485 will be kept pending unless 5 years are completed.

Since one has to work in MUA/MUP/HPSA for 5 years (mandatory) CP doesnt sound so appealing where as in COS EAD may become available immediately(for me when PD is current). Please write your views. Thanks for listening.
 
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