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Niw For H1 Resident
- Thread starter pur_jai
- Start date
> Can she file for GC under the NIW right now? If yes.. how? Please advice.
Two different scenarios:
#1 If you mean the NIW for physicians practicing in underserved areas the answer is : yes but be careful
There is precedent of a girl who filed a NIW in NY state in 1998 before she even started a residency. Somehow, she got it approved and used it to do her residency (in a different state) on EAD's. In 2001 or so, CIS asked her for proof that she was indeed practicing in the underserved location she had indicated. She couldn't. Her NIW was revoked and she got into really hot water.
Now, her case is very complex and might not apply to your wife but: There is a decision of the 'Administrative Appeals Office' on this case that clearly states that the NIW is NOT meant for residents and should only be approved for people who will be in independent practice.
Here on this forum, you will find people who successfully applied for NIW during their residency. But they already had their post-residency job lined up and timed it in a way that they would be practicing in the indicated location by the time CIS asks them to provide proof for the first time (usually 2 years after approval I believe).
#2 If you mean a 'plain vanilla' NIW, based on her research and importance for the national wellbeeing: Yes, she can apply for that any time.
Two different scenarios:
#1 If you mean the NIW for physicians practicing in underserved areas the answer is : yes but be careful
There is precedent of a girl who filed a NIW in NY state in 1998 before she even started a residency. Somehow, she got it approved and used it to do her residency (in a different state) on EAD's. In 2001 or so, CIS asked her for proof that she was indeed practicing in the underserved location she had indicated. She couldn't. Her NIW was revoked and she got into really hot water.
Now, her case is very complex and might not apply to your wife but: There is a decision of the 'Administrative Appeals Office' on this case that clearly states that the NIW is NOT meant for residents and should only be approved for people who will be in independent practice.
Here on this forum, you will find people who successfully applied for NIW during their residency. But they already had their post-residency job lined up and timed it in a way that they would be practicing in the indicated location by the time CIS asks them to provide proof for the first time (usually 2 years after approval I believe).
#2 If you mean a 'plain vanilla' NIW, based on her research and importance for the national wellbeeing: Yes, she can apply for that any time.
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