NIW for J1

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criticalcure

Registered Users (C)
1. Can I apply for NIW BEFORE I actually join the job in the underserved area? If so, how much in advance can that be done?
2. I have used up 5 years of my H1B time. Will 1 year of H1b visa be enough to join a job in an underserved area and file for NIW after J1 visa?

Any help will be appreciated. Thanks.
 
> 1. Can I apply for NIW BEFORE I actually join the job in the
> underserved area? If so, how much in advance can that be done?

Look for posts by 'hashitoxicosis'. He filed a NIW if I remember correctly before he was done with fellowship. However, at that point he was a board certified internist and held a medical license, so he already fulfilled the job requirements for his NIW job. But that way, he had his NIW approval in hand, allowing his wife to file I485 and get an EAD seamlessly after the J2.

> 2. I have used up 5 years of my H1B time. Will 1 year of H1b visa be
> enough to join a job in an underserved area and file for NIW after J1 visa?

I thought you are on H1b, not on a J1 ??

You can file a NIW directly from H1, you don't need to be on J1 for that. The only difference between J1 and H1 is that in H1-->NIW the 5 years only counts from I140-NIW approval. In J1-->waiver-->NIW the 5 years count from start of the waiver job.

I140s take between 1-18 months, the numbers on the USCIS website are meaningless. Most seem to be in the 12-15month range. So, if you want to wait for the I140 to be approved before you file I485 (generally a smart idea), there won't be enough time. If you file I485 before I140 is approved (concurrent filing), you should be able to get the EAD in time. (the only problem is that at times with self-petitioned cases, the EAD is put 'on hold' until the I140 is approved. This could throw a wrench into the process. Although you are in lawful status due to a 'non-frivolous' I485, you couldn't work)
 
Hi Hadron - I have a question for you.

1. I am completing 5 yr Dec 28,05. J-1 - NIW(self petition).

2. Also same employer sponsored for LC, 140 approved last july and applied 485 in Aug 05. FP done 4/1/04 no message updates only 2 LUD changed right after the FP.

Question is: because my NIW 485 is pending and also LC 485 is pending will they (USCIS) adjudicate one of gthe two 485s or will they create problems for my GC approval? or will they approve my LC 485 earlier. I am confused here becuase my lawyer always said I can have two 485 at any time. What is your thoughts on this and would appreciate your inputs.

Also I am planning to invoke AC21 just after Dec 05. because of lot of harassment by the employer, working without a break in last 4 years(no vacation etcc..) I am BC in IM and Neph. LC is for IM only not Nephrology. If I invoke AC 21 do I have to look for only IM position or can I go in Nephrology using my completion of 5 years. It is very confusing.
Any thoughts...
thanks
nrsesh
 
> Question is: because my NIW 485 is pending and also LC 485 is
> pending will they (USCIS) adjudicate one of gthe two 485s or
> will they create problems for my GC approval? or will they approve
> my LC 485 earlier. I am confused here becuase my lawyer always
> said I can have two 485 at any time. What is your thoughts
> on this and would appreciate your inputs.

They will approve whichever comes to their table first and deny the other one in the same session. Nowadays you CAN have 2 I485s (as per information given to me personally from a case officer during a visit to the VSC visitor window (R.I.P) as well as my overpaid attorney who sits on the AILA liasion committee at NSC). BUT, you can only adjust under the provisions of one. So, if they get to your NIW I485 after you submit the final evidence in december, you are free as a bird (as you served 5 years in the HPSA). If they adjust you under the LC, you are informally required to stick with your employer for 6-12 months.

> Also I am planning to invoke AC21 just after Dec 05. because of
> lot of harassment by the employer, working without a break in
> last 4 years(no vacation etcc..)

Well, if you leave in december after your 5 years are up, you are safe in the NIW arena bc you fulfilled your obligation. On the other hand, if you leave and adjust under the LC, you are fine based on AC21. Sounds good to me.

> I am BC in IM and Neph. LC is for IM only not Nephrology. If I invoke
> AC 21 do I have to look for only IM position or can I go in Nephrology
> using my completion of 5 years. It is very confusing.

Yes very confusing.
The only time this will come up is if you get an RFE for an employment verification letter. There, your new employer has to verify that you practice 'internal medicine' and that they intend to employ you as 'internist' indefinitely.




Again, I am a layman when it comes to the law. I don't ask my attorney for medical advice, so you shouldn't ask me for legal advice/
 
Thanks Hadron.
I am little clear. Looks to me to finish 5 years and move on..
Thanks for your time and input.
 
> I am little clear. Looks to me to finish 5 years and move on..

Well, I hope it helped. This is my reading of the rules and my limited experience.

If you read some of the other threads on NIW completion here, you might want to collect some stuff quietly while you are still working for your current employer:
- copies of your appointment book (with patient names blanked out). Copies of your billing records, copies of call schedules.
- talk in confidence to people like the chief of staff of your hospital, the local health director whether they would be willing to give you a letter attesting to your full time practice.

This is for the case that your slavedriver employer tries to squeze another couple of months out of you by denying you a letter confirming yoru full time employment. You want to have evidence that you could submit as evidence of your full time practice along with a letter explaining the exploitative labor practices of your employer.

What would probably be ill advised is to leave the job now using AC21. You have run 25 miles of the marathon, why would you want to drop out now ?
 
Why leave now when you are about to achieve your goal. Even if he squeezes your for a year more it is worth it. In my opinion leaving not worth the trouble and RFE etc. Slog it out.
 
I fully agree why leave now. Its hell working without off. It is like this: 24 hrs pager, no weekends off, no evening off, no vacation, no CME confernece etc.. If I want off I have to beg other group Family practice physicians to cover me for weekend that too once in 10 or 12 weeks. Unfortunately there is no other physicans in town of my specialty.

well I have no other choice but do the slavery. :(
thanks for your time
 
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