> Since I moved out of HPSA( abondening NIW 2 months ago, my wife
> still uses her EAD doing a FP 2nd year 160 miles away in a big
> teaching hospital in same state and fortunately HPSA).
EAD should still be valid for its approved time, at least until you withdraw the pending I485 on which it is based.
> I am active staff at that hospital too, talk to my friend their who is
? working J1 waiver 4rth year now basically Self employed on NIW that
> he can give me weeknds their as moonlighting on 1090, and will
> formate a schedule showing me alternate weekends call which pretty
> much 40 hrs for me self employed getting payed for bills under his
> provider #.
Getting paid under someone elses provider number could represent medicare fraud. I would be very very careful with this arrangement. Getting your GC is one thing, spending 1-7 in the federal Pen. is another.
Also, I don't know whether they would eat your call arrangement as 'full-time employment'.
> I know I need to refile 140 again, and there is no office address except
> the hospital address, and mailing will be to physician mail box in
> doctors lounge.
Get a private mailbox with forwarding, register a corporation to the mailbox address to run your billing through it. The mailbox address doesn't necessesarily have to be in the HPSA, on all your paperwork you state the HPSA hospital address as your practice address (which is not even a lie).
> as no matter want happened to lawsuit
http://www.shusterman.com/toc-phys.html#3
My understanding is that the lawsuit is dead, but I will gladly be corrected on this.
Actually, I stand corrected. The lawsuit apparently has gone to appeals. Great, looking forward to the outcome.
> I will get it faster by PERM, but what if EB2 retrogress,
For now, I would hold on to my PD from an already approved I140 for dear life. Try to get your case transferred from one approved I140 to another approve I140 (Pearson memo sept 2000).
> but having a H1B 160 miles with one employer and using EAD at HPSA
> as S/E will cause any problems.
Could be a stretch (and I held my breath for quite a while when I did something similar).
You don't want to raise their suspicion, tread very lightly when doing something like this (consider running your current job as a 1090 through the corporation you set up at your NIW site. This won't affect your pending PERM as this is for FUTURE employment and you are not required to work as an employee for the hospital in the time period until your I485 comes through. By having all your employment coming from the address at your NIW location, your likelihood of hitting a snag here is somewhat smaller)