NIW- Lawsuit

N

nagireddi

Registered Users (C)
Dear Hadron,Posmd or any others,
Please let me me know the following things.
1.Would you be able to count your residency period of 3 yrs, if you work in a medically underserved area towards, NIW. If so when do you get your priority date? Is that the time when you apply? Or the period when you started working in underserved area? Or the date when your I140 is approved.
2. After 3 yrs of completion of your work in HPSA or MUA, can you be self employed.(I heard(watched) in the video of Carl Shusterman). How far is this true?
3. What are differences working in HPSA or MUA
4.What are the advantages/disadvantages going through NIW rather than PERM.(According to my lawyer-currently there are no advantages?..... How far is this true)
Let us discuss this and educate each other. Thank you.
 
nagireddi said:
Dear Hadron,Posmd or any others,
Please let me me know the following things.
1.Would you be able to count your residency period of 3 yrs, if you work in a medically underserved area towards, NIW. If so when do you get your priority date? Is that the time when you apply? Or the period when you started working in underserved area? Or the date when your I140 is approved.
2. After 3 yrs of completion of your work in HPSA or MUA, can you be self employed.(I heard(watched) in the video of Carl Shusterman). How far is this true?
3. What are differences working in HPSA or MUA
4.What are the advantages/disadvantages going through NIW rather than PERM.(According to my lawyer-currently there are no advantages?..... How far is this true)
Let us discuss this and educate each other. Thank you.
Click to expand...


Point 1.
Definitely not if your residency was in J1 visa. If it was in H1b visa then too it is unlikely you would be able to do it but it would come down to the state's dept of health. I suspect thast since the objective of this program is to get the underserved to be served, then the all important letter would only come if you had a 5 yr game plan to serve. Your Priority date in NIW filings is the date on which your 140 is filed with the USCIS.
Point 2.
You can be self employed, but here is the catch, to do so you would have to have EAD, since the priority dates are retrogressed for india you can't file 485 and hence can't get EAD, so for practical purposes you have to be employed and be on something like a H1b visa.
Point 3.
As far as the powers that be are concerned HPSA or MUA will do, but MUAs tend to be slightly better areas and often times less rural.
Point 4.
RIght now I do not think there is any advantage of one over the other, HOWEVER since you cannot predict the future and which way the winds will blow and since you can self petition for the NIW. You would be foolish if you did not atleast file a NIW, even if you were going through the PERM process.
It could easily come to a situation 2-3 yrs from now when some provision is made for NIW cases and the labour based folks are left in a black hole, or everything could speed up and you may get the all important green card well ahead of your 5 yr committment. Noone can predict the USCIS or the lawmakers.
 
can a person file NIW and do PERM? i thought it was one or the other inorder to get a priority date.
 
Either

Either is possible and you can hold on to both petitions as long as you stay in that job.
 
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