NIW for Physicians - Steps to do it yourself.

J1victim

Registered Users (C)
HPSA losing its designation

anash said:
Hi All,
I started a H1-NIW job 6 months back. I 140 has been approved . Since then the area has lost it's HPSA designation. What problems am I looking at 1/5 years from now ? Anyone with a similar experience and a favorable outcome. According to my lawyer I am fine as the application was approved prior to loss of HPSA designation
Yes. ur lawyer is right.
 

holdon05

Registered Users (C)
Form I-485 Part 2

J1 victim,kidsdoc-Please help

I am filing I-140(NIW working in HPSA) and I-485 concurrently.

What do I fill in Part 2 of I-485--application type.Would it be (h)--other basis of eligibility and expalain I am filing concurrently with NIW based I-140
Thanks
 

saimanaveen

New Member
NIWP letter of support

I am looking for a format of letter of support from health department for NIWP if anyone has it or what should be the exact verbatum of the letter if anyone can help me out with that. thanks
 

psychmd7

Registered Users (C)
despite reading the process in detail, i remain confused about a couple of things. i would appreciate if someone can clarify for me.
why is I-485 recommended over CP?
can a J1 waiver person apply for labor cert/CP as soon as they start the job?
if so, wouldn't this process be sooner than applying for NIW ( if retrogression isnt as much of an issue in the future)?
thanks.
 

J1victim

Registered Users (C)
NIW ... CP or I-485?

psychmd7 said:
despite reading the process in detail, i remain confused about a couple of things. i would appreciate if someone can clarify for me.
why is I-485 recommended over CP?
can a J1 waiver person apply for labor cert/CP as soon as they start the job?
if so, wouldn't this process be sooner than applying for NIW ( if retrogression isnt as much of an issue in the future)?
thanks.
I-140 for NIW Physician in MUA/MUP/HPSA/VA/ARC/DRA is of use (with I-485)when:
1. you don't have an employer to sponsor you for GC via PERM and your only recourse to GC is via NIW route.
2. your spouse needs an EAD soon (if you are a former J1 currently doing H1 waiver, you may NOT use your EAD for first 3 years of waiver). CP option doesn't give you EAD.
3. if you use CP option in NIW, your file will keep sitting at National Visa Center New Hapmshire, until you have completed 5 years of NIW and priority date for your country and your category of GC visa becomes current. Then your file will move forward and will take another 6 months.
4. with filing i-485, you establish an early priority date for processing your papers and hopefully at end of 5 years, your I-485 will be approved soon.
5. with retrogression for India/China for EB2, ppl from these countries can't even file I-485. They may file only i-140 and wait.

psychmd7 said:
can a J1 waiver person apply for labor cert/CP as soon as they start the job?
if so, wouldn't this process be sooner than applying for NIW ( if retrogression isnt as much of an issue in the future)?
Yes to both your Qs. Labor cert/PERM can be started even BEFORE the start of waiver job. it has nothing to do with your waiver status. You need to be eligible for the job ON THE DAY your labor cert application is filed.
.
 

gcby2020

Registered Users (C)
J1victim, Hadron gurus please respond

Hey gurus,

I have been never been on JI. Have been on H1B stuck at labor certification since 2001. Meanwhile I have completed 5 yrs in underserved area and decided to try my luck with NIW. Yesterday I got RFE for my I140:

Please provide evidence that a dtermination has been made by either the HHS, VA or any other federal agency that has knowledge of the beneficiary's qualifications, that the beneficary's work in the area, areas or facility is in the public interest.

What does this mean? What am I supposed to submit??
 

J1victim

Registered Users (C)
NIW "Public Interest letter"

gcby2020 said:
... never been on JI. ..... Meanwhile I have completed 5 yrs in underserved area and decided to try my luck with NIW. Yesterday I got RFE for my I140:

Please provide evidence that a dtermination has been made by either the HHS, VA or any other federal agency that has knowledge of the beneficiary's qualifications, that the beneficary's work in the area, areas or facility is in the public interest.

What does this mean? What am I supposed to submit??
The main obstacle for *NIW Physician in underserved area* is getting a letter from the State DOH/ARC/DRA/VA that the job you are doing/going to do is in public interest. Without this letter, you can kiss your NIW petition goodbye.

This letter must be dated within 6 months of filing the NIW petition.

- for former J1s > this letter is a must before they can get a waiver.
- for former H1 > they don't have to have this letter to start a job even if it is in an underserved area. They have to apply to the concerned agency (VA/DRA/ARC/State DOH) to get this letter

So u need to contact your State DOH/ARC/VA/DRA, wherever you are, and ask them to give you a "work in public interest letter". Each State DOH has its own (whims and fancies) to fulfill before they will issue this kind of letter.

Carl Shusterman had filed a lawsuit on *misinterpretation of law by USCIS regarding NIW physician petitions* but that lawsuit was dismissed by the court. An appeal was filed, and decision is pending. go check shusterman's website for further details.
.
 

nephdoc2003

Registered Users (C)
NIW time

I started my J1 waiver in July 2004 but only recently decided to file for NIW. I had a five yr contract prepared but was told that the contract should be dated from the current time ie. Feb 2006 till Feb 2011. Does that mean that the initial one and hlf years will not be counted?
 

murlakshmi

Registered Users (C)
for J 1 waiver candidates, the NIW starts from the day one of J1 waiver! You dont need to sign a contract! my VA gave a letter saying we have good intentions of employing him for full five years and I submitted a statement that my intentions are the same! It works!
 

crore

Registered Users (C)
nephdoc2003 said:
I started my J1 waiver in July 2004 but only recently decided to file for NIW. I had a five yr contract prepared but was told that the contract should be dated from the current time ie. Feb 2006 till Feb 2011. Does that mean that the initial one and hlf years will not be counted?

looks like you are in missouri state. lets hope that USCIS recognizes that you have completed your 5 years in an underserved area from the start of J1 waiver. Although some states like missouri require a 5 year contract to issue a letter of support.
 

jay2005

Registered Users (C)
To crore and others

Hi, My NIW was approved and I am currently working in Nebraska . I am getting a job offer in Missouri state and would like to move there as my wife is planning to do a fellowship there. Anybody has any experience in getting the letter of support from Missouri state ? how tough is that? Any suggestions?
jay2005
 

crore

Registered Users (C)
jay2005 said:
Hi, My NIW was approved and I am currently working in Nebraska . I am getting a job offer in Missouri state and would like to move there as my wife is planning to do a fellowship there. Anybody has any experience in getting the letter of support from Missouri state ? how tough is that? Any suggestions?
jay2005

Are you in J1 visa status. If so, you need to check with the MO state dept. of health whether they will issue you a letter of support for NIW if you have completed a J1 waiver in a different state. That is obviously true for any state where you might consider moving to.

I know that CO and MO guidelines for getting NIW letters of support are toughest. But I know at least one other physician who has been able to obtain a letter of support from MO.

Check out the MO NIW guidelines at this website for more info

http://www.sos.mo.gov/adrules/csr/current/19csr/19c10-4.pdf
 

nephdoc2003

Registered Users (C)
NIW Timing

crore said:
looks like you are in missouri state. lets hope that USCIS recognizes that you have completed your 5 years in an underserved area from the start of J1 waiver. Although some states like missouri require a 5 year contract to issue a letter of support.


Hi crore,

No, I am not in Missouri state, I am in Michigan. I will be submitting a five yr contract starting 2006, but hope that my time counts from 2004. Wonder if anyone has had an experience filing NIW a couple years after actually starting the waiver
 

crore

Registered Users (C)
your 5 year time will be from the time you start the job. there should not be any doubt about that.
check out this website.
http://uscis.gov/graphics/services/residency/physwaiver.htm

As you know that you will need a new letter of support from MI dept of health supporting your NIW application dated within the last 6 months of filing for NIW, so for that the health dept requires a 5 year contract to issue a letter. It does not mean IMHO that one needs to work for additional 5 years. This is the reason many people file for NIW soon after J 1 waiver is approved as they have a current (within 6 months) letter of support from the respective health dept.

An attorney should be able to verify that.
 

crore

Registered Users (C)
oh another important thing is that if you do sign a new 5 year contract, have a 60-90 days no cause termination clause in it for either party. It is of critical importance, otherwise you could get stuck for 5 years.

The other option is to do a job in NIW friendly states like Connecticut, where they give a letter of support for NIW pretty easily. So you can finish your 3 year waiver job here in MI and go to another state for NIW.
 

jay2005

Registered Users (C)
Thanks crore

Actually, I was a never on J1. I did my NIW primarily because my LC was stuck in Dallas and I wanted to do this way so that I can file for 485 before retrogression and my wife can get EAD to do fellowship.Thanks for the information.
 

AGM6

Registered Users (C)
self-help guide also for EB1?

Hi,

the below mentioned information is great.
Do you have more specifics, as a self-help guide, for the EB1 application?
I am considering to look into the required paperwork for the EB1 myself, and would be thankful for concrete advice, or some advice from people who filed for EB1 themselves and probably have a template of how they went about their application.
Thanks!
 
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