NIW for Physicians - Steps to do it yourself.

neel271

Registered Users (C)
Who files for NIW I-140

Is it the beneficiary or the employer in the MUA/HPSA to file the I-140 NIW petition. In my case the employer is VA. I have read the VA handbook on J1 physicians carefully and it reveals that the VA can file a I-140. But from the posts here on the forum it seems that the beneficiary generally files NIW I-140 along with the National/Public Interest letter. Is it correct? Please explain. I am in the process of preparing my I-140. Thanks for everybodys input on the forum.
 

olaosunt

Registered Users (C)
Hi,
I also work in the VA and I filed my I-140 myself with the letter of support from the VA last year without any problems.The 1-140 got approved in about 4 weeks.The hand book says the VA will only do it if they were unable to obtain an H1 visa for you(due to cap-no lober valid),but I have learned in this forum that is erronous also, as if you are on a J-1 waiver then you MUST have an H1 visa
 

neel271

Registered Users (C)
Hi Olaosunt

Hi Oloa.., Thanks for the response. I have just written you a private message. Could you please reply to me so that I can communicate with you regarding the NIW process. Or else please write to me at NEEL271 at yahoo dot com. Thanks.
 

neel271

Registered Users (C)
Hi Olaosunt

Are you also from those retrogressed countries where one can just file the I-140 (to establish a priority date) and simply wait for the rest? Thanks for listening.
 

olaosunt

Registered Users (C)
No,problem
I will be glad to compare notes.
I am not from a retrogressed country,so my wife was also able to file a 485 and 765 so she could get an EAD.
 

raj121b

Registered Users (C)
Hi Olaosant,

A few questions - Did you file for your 140 and 485 together for the NIW or only the 140 initially?

Which service center did you file at?

How long did it take to get your wife's EAD?

Thanks....
 

neel271

Registered Users (C)
VA Job renewal beyond 3 years...for Olaosunt

Does any one know if the VA has to repeat the whole process of recruiting efforts->VISN->Health Revenue Center, Topeka->Central VA before they can give out another 3 year contract (H1B) to a J waiver physician (after his/her initial 3 year H1b period is over).

I am asking this because my VA H1B is presently filed under regular processing and I am not planning on expediting it through premium. Ideally I am supposed to start July 1, 2006 - June 30, 2009. Now that July 1st is round the corner and the H1b/USCIS J-1 waiver is pending, my approved H1b period will be shortened by the duration of the time USCIS consumes beyond July 1 2006 in adudicating my case.

Also my question comes in the light of the fact that VA handbook manual mentions that the J1 waiver physician can be given an extension of NTE 3 years if they (facility) still have recruiting difficulties at the time when the initial H1b (3year) is over. Thanks for listening.
 

olaosunt

Registered Users (C)
raj121b said:
Hi Olaosant,

A few questions - Did you file for your 140 and 485 together for the NIW or only the 140 initially?
I filled both of them together.

Which service center did you file at?
Nebraska
How long did it take to get your wife's EAD?
My wifes EAD was a little complicated,in that we did not realise(?forgot) we had to file a seperate 485 for her,hence it was initially denied.However once we filed her 485 and with repeated pestering phome calls from my wife!!(I am not sure if that helped) she was actually able to get her EAD about a month later,although I think it usually takes about 2 months

Thanks....
 

ilchicago

New Member
Travelling on AP

I am planning to apply for NIW as currently I am doing J1 waiver.

If I use the AP for travelling outside US (in first 3 years of j1 waiver),does that mean that My H1b status is affected ,and i will have to use EAD for work thereafter.

Is it better to travel to on H1b rather than AP for the first 3 years of J1 waiver.and if yes ,why is that so.

any help will be appreciated.

Thanks
 
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neel271

Registered Users (C)
For Olaosunt---

Hi Olaosunt: Thanks for your responses. My USICIS J1 waiver has been approved upon the VA/DOS recommendation and the H1B is pending with the VSC (regular processing). Technically I am still in J1 status.

While waiting for H1B approval I am studying for the boards and want to apply for the EB-2/NIW by myself.

Q1) Is it a good idea to get an attonery involved?
Q2) What papers I will be needed from the VA (I dont want to involve them too much!)
Q3) How does a VA employee meet the requirement of "employment contract for 5 years (dated within 6 months)"? All I have from the VA is an offer letter stating that I have a position beginning July 1, 2006 (Letter date October 2005) and that VA looksforward to having me as a permanent member of their family. H1B filed by them is for 3 years, I assume.
Q3) If you went through an attorney and found him good..please suggest me the contact information in a private message or write to me -- NEEL271 AT YAHOO DOT COM.

Thanks.
 
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olaosunt

Registered Users (C)
neel271 said:
Hi Olaosunt: Thanks for your responses. My USICIS J1 waiver has been approved upon the VA/DOS recommendation and the H1B is pending with the VSC (regular processing). Technically I am still in J1 status.

While waiting for H1B approval I am studying for the boards and want to apply for the EB-2/NIW by myself.

Q1) Is it a good idea to get an attonery involved?

I did not use an attorney.I personally feel the process is straight foward enough if you have the time.my wife is however very savy with the whole process and I must confess she did most of the paper work.


Q2) What papers I will be needed from the VA (I dont want to involve them too much!).

you need 1. "a letter of agreement" which describes your job,states your start date,Salary the number of hours you will work,that it is full time e.t.c
It should also state that although appointments can only be made initially for 3 years this can be renewed for another 3 years and fulfills the NIW documentation requirements established for the VA purposes.Just tell your HR what you want the letter to say.It does needs to be signed by yourself and someone who can write contract agreemnts for the VA, for example mine was signed by a"manager business support services"
]2.A letter of support,stating that your job is in the national interest.This is very similar to the letter they would have sent to the DOS supporting your waiver petition.

Q3) How does a VA employee meet the requirement of "employment contract for 5 years (dated within 6 months)"? All I have from the VA is an offer letter stating that I have a position beginning July 1, 2006 (Letter date October 2005) and that VA looksforward to having me as a permanent member of their family. H1B filed by them is for 3 years, I assume.

[see above.I could fax copies of the letters I used if you like.

Q3) If you went through an attorney and found him good..please suggest me the contact information in a private message or write to me -- NEEL271 AT YAHOO DOT COM.

my wife may charge you a fee!(joke) ;)

Thanks.
 

neel271

Registered Users (C)
Hey Olaosunt

Thanks for the help. I appreciate it. I have the letter of support from the central VA washington that says that the position is in national (public) interest from March 7th 2006. However, the offer letter that I have from VA is from Oct 2005..that describes the begin date, salary, employment description, benefits etc. But it doesnt describe the duration of my employment..

1) so you suggest that I get another letter similar to this from them?
2) Does the facility need to document the National Interest stuff or the support letter that was issued by the Central VA (Washington D.C.) will be good?
 

olaosunt

Registered Users (C)
Sorry for replying late.
I am not sure if the local VA needs to provide an additional letter to that from the central VA,but it definitely would not hurt your case,so I would just to be safe.Also the local VA letter may describe more in detail exactly why the job is in the national interest and should have a more detailed job description(if that from Washington does not already).

I had the offer letter re written as an "agreement letter" detailing your job(including duration and the proviso about meeting NIW requirements) and that was signed by myself and the VA.
Hope that helps
 

sajikgopi

Registered Users (C)
485 Rfe

I am getting ready to respond to the RFE for my 485 showing evidence of me working in MUA for 5 years. I am supposed to respond to the RFE before 06/2007. My file is at Texas. I wanted to find out about the time the texas center will take to adjudicate the case presuming that my priority date will remain current. I had my fingerprinting and mecial done already. wanted to get other's experience. thanks in advance.
 

sree1823

Registered Users (C)
conrad 30 waiver

Hi,

I'm a physician seeking J1 waiver through Conrad 30 state program.

Today I received approval letter from state department of health.


My questions are :

(1) How long does it take usually to get the recommendation from DOS
for conrad 30 state waivers ?

(2) What is the right time to initiate the process of NIW for getting the
green card ?

(3) How early spouse can get the EAD through the NIW process?



Thanks in advance
sree
 

m_img

Registered Users (C)
Another clarification:

In some earlier notes.. it is mentioned:

1) Primary J1 waiver should not use EAD until 3 years are up, is this still true? So, cannot do moonlighting without another H1-B.

2) Spouse can use it as soon as he/she gets it even it is during the first three years of H1-B? Is this still true? Does this EAD could be opening business, i.e. self employment etc. What would be difference in GC and EAD other than EAD is not permanent residence and is temporary?
 

m_img

Registered Users (C)
My state requires following before it issues letter of support:

From applicant:

"Description of how the approval of the waiver is in the national interest."

From employer:

"
1. Documentation of need for physician’s services to continue at facility/HPSA.
2. The effects of denial of National Interest Waiver to facility and to the HPSA/MUA.
"

Can someone provide sample of these.

Thanks,
 

olaosunt

Registered Users (C)
The VA I work for (Marion, Indiana) is actively looking for psychiatrists and will do the J waiver if necessary. You can contact them directly (or myself for any questions) if anyone is interested. I am doing my J 1 waiver with them (since 2005).If any one does not have anything yet for 2007, and is interested ,the process usually takes 6 months from Jan to June (They can't start until Jan)
 

app9009

New Member
Hello,

I am a new registrant. This is a great forum. J1Victim - appreciate your detailed posts. It very detailed, informative and most importantly - accurate.

I am finishing my 3rd year of J1 Waiver in December. I applied through regular LC process and NIW. My PD is Dec 04. God knows when my PD will be current for the regular AOS.

But my NIW is all set. I am now looking to finish my remaining 2 yrs for NIW in a VA facility in NC/SC/GA/TX or anyother warmer State. My 6 yr old son is not doing well during winter months in Michigan. He gets cold induced asthma when temp drops to 30s.

I will appreciate if someone could share their knowledge in the area of getting a Internal Medicine job in a VA. When I applied to some VAs they did not accept my application saying I have to be a US Citizen to work in their VA. I am looking for Internal Medicine jobs in a VA in a southern / warmer State.

I will appreciate any response

Thanks
 
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