NIW for Physicians - Steps to do it yourself.

cerruti2827

Registered Users (C)
NIW through VA

MY VA human resource person says that VA does not support NIW !!!

I am in third year of J1 waiver.

ANy advise!
 

cerruti2827

Registered Users (C)
sample contract

could anyone please post or send me a sample contract/agree ment letter from VA for NIW HPSA application?
 

sumamaganti

New Member
need urgent input

hi,iam an internal medicine physician working in under served area(mua for physicians) for 2.5 years.I have filed my greencard through my employer and Iam working on H1B.At present I-140 approved and waiting to apply for I-485.Mean while I found the place where Iam currently working is medically underserved .so,Iam planning to apply for NIW-Eb2 for medically underserved area.
1.do I get my EAD and AP as soon as my I-140 gets approved?my lawer says
you cannot get EAD Immediately after I-140 approved.She says you have to wait until it becomes current dates for I-485.
2.THE TIME PERIOD OF WORKING FOR 5 YEARS to get i-485-DOES MY 2.5 YEARS i HAVE ALREADY WORKED ARE COUNTED TO GET I-485 or THE TIME IS COUNTED FROM I-140 APPROVAL.(I have already got a letter from state department of stating my start date of workwhich was 2.5 years )
Iam wondering If I cant get Ead after I-140 approval and if you have to wait for current dates whats soo special about NIW for physicians working in mua.
please give me some input.thanks










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AZstar

Registered Users (C)
Applying AFTER 5 y done

Hello, thanks to all for your input, it helped me to decide to try this on my own - I was told by my VA that they made a mistake in preparing my case and that I shall take a lawyer and present them with GC in 8 months, otherwise.... Right...

So I am starting on my own ...
As I have already fulfilled the 5 years last fall and the visa number is readily available, I hope I can still make it, looking on the processing times at the Nebraska center.
EAD and AP in 3 months (I hope the VA will be able to continue my employment with EAD once 2nd H1B expires Nov 1, albeit there is one additional complication that they should employ non-citizens only for max. 6 years, but this is internal VA problem correctable by an exemption from the central office).

I-140 approval ca. 8 months processing time - so this will happen after the H1b expiration date. I am wondering whether 60 days before the expiration I shall apply for a premium (=15 days) I-140 processing (it seems to me that I fit the filtering criteria for the filling), mainly to pacify my VA that they would continue my employment with the I-140 approved (no other tangible benefits for me I can think of).

The longest backlog is with I-485 - 18 months ??? Is this possible or do they sum all labor based petitions in one sack ?

At what time point in the process it would be safe for me to move to a next job without endangering the GC ? I suppose after the I-140 approval..

I will keep you posted about this unusual case of applying AFTER 5 years work.

The fact, that certain documents should be no older than 6 mos old at filing and I have the 5 years fulfilled, makes certain attestation letters difficult in wording.
 
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AZstar

Registered Users (C)
Progress

I am one step closer to filling as I received a memorandum type letter from the human resources department at my VA summarizing all necessary confirmations, i.e.
- public interest clause with reasoning
- verification of the length of service rendered
- for the "employment commitment letter " they retroactively verified that I was offered two 3-year stints of employment in compliance with the type of my H1B visa and that they intend to continue employing me pending the outcome of the petition. (BTW I hope the VA will not balk on "only" approved EAD as the I140 will be approved AFTER my second visa term expires).

I plan on filing ALL together (I140, I485, EAD, AP, affidavit of support, health exam) to expedite USCIS' decision.

Couple questions if somebody bothers to answer:

- 5 kids, 2 born in the US. I am not mentioning the US born kids anywhere, right ?, as they are citizens (they have the passports)

- health exam is for adults only i.e. for me and wife, not the underage kids, right ?

- the issue of the form 750B - people here said it is required for our category (despite we do not need labor certification process). Planning on sending 2 copies of the form with the whole package.

Thanks for comment.
 

m_img

Registered Users (C)
Couple questions if somebody bothers to answer:

- 5 kids, 2 born in the US. I am not mentioning the US born kids anywhere, right ?, as they are citizens (they have the passports)

You have to specify all kids, US born as well. Don't apply for 485/EAD/AP for US Born.

- health exam is for adults only i.e. for me and wife, not the underage kids, right ?
You have to get the health exam for all non-US born kids who are applying for 485/EAD/AP.
 

AZstar

Registered Users (C)
Filing after 5.5 years

Thanks for all advice I got here.

Self prepared I140/I485/I131/I765 package mailed 6/20/2009. I pointed out that based on Schneider v. Chertoff, 450 F.3d 944 (9th Cir. 2006), the clock started on my first day in H1-b at the VA, so I have my duty fulfilled.
I hope for EAD/AP in 3 months (1 month before H1B expires), I-140 11/09-2/10 and I485 in second half of 2010 (NSC).
 

AZstar

Registered Users (C)
Thanks for all advice I got here.
...
I hope for EAD/AP in 3 months (1 month before H1B expires), I-140 11/09-2/10 and I485 in second half of 2010 (NSC).

I might be too optimistic on this time estimate.
I have just noticed that "our" category's

"Immigrant Petition for Alien Worker Advanced degree or exceptional ability
requesting a National Interest Waiver"

I-140 processing time shifted back ???

published in June: April 01, 2008
published May: November 12, 2008

How's that possible ?
 

AZstar

Registered Users (C)
The processing time info for I-140 EB2-NIW at NSC has shown 10 months processing time lately with national average at 4.1 months. Still, my I-140 (concurrent filing, self-petitioner) was approved in exactly 3 months - I have found today on the redesigned USCIS website. So the I-485 waiting starts..

Thanks to all guys on this thread for the instructions.
 
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AZstar

Registered Users (C)
Greened

After 7m1w I received the g.c. notification. I did the whole thing on my own, thanks to the instructions from this forum, during my last 6th year on H1B visa. Note that I filed concurrently all forms together with confirmation from the employer that I already did the 5 year service.
 

roxyrohit

New Member
Part 1 - Listen to the Plant Spirits... Susun S Weed c. 2002 ... herbs confidently and successfully to keep yourself and your loved ones whole/healthy/holy. ... and how to take charge of your own health care with the six steps of healing. ... What do you feel now? In your stomach? your throat? your head and nose?
 

celinar

Registered Users (C)
My husband just finished USMLE steps and he might get H1 sponsorship from his University of diego for doing Residency in OSG could he apply for Green card on his own?
 

docstrug

New Member
Hi
I wanted to know that if I apply for NIW will my spouse get EAD immediately even if I am still doing my J1 WAIVER on H1?
 

aoberoi

Registered Users (C)
I am from india in my 3rd year of family medicine residency finishing in june on a J-1 visa.I ve signed a contract for 5 years with a hospital in HPSA so I can do my NIW
Now, as said in the beginning of this forum I can apply for Niw /I-140 even before I join my job july 2011. 1) is that correct?
2) the hospital has their own immigration attorney and they ve promised to pay my legal fees too so should I use their attorney or get my own to avoid any conflict of interest if I decide to leave after my 3 yrs of J-1waiver are done.
3) should I apply for EB-2 through LC too ? what are the advantages of doing it or should I just apply thru NIW.
4) Can I use the PD of NIW to apply for EB-2 through LC
THANKS in advance for all the help.
 

mmpuri

New Member
NIW after 5 years

What if you have already completed your 5 years but have not filed any I-140 yet? Is there a deadline for filing the I-140? Is the 120 days rule after completion being strictly enforced?

Completed the 5 years last June 30, 2012, Can i still apply for this now? I am still working at the VA on my sixth year.

Please help!
 
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