NIW PHYSICIAN - obligation after finishing 5 years

N

nch

Registered Users (C)
I am an ex-J-1 presently working on H-1b in an HPSA. My NIW petition has recently been approved.

Does any one knows about requirements after finishing 5 years of mandatory service for physicians file permanent residence through NIW petition?

Is it mandatory to continue to work in the HPSA until one gets greencard or after finishing 5 year obligation or the physician can take up any employment without jeopardising his/her greencard?

Thanks for the response
 
I have the same question and that makes atleast the two of us. I have read the NIW law for physicians in detail twice and cannot find anywhere where it says that adjustement of status will be jeopardised if so. It says very clearly " five year requirement must be met" several times. Should we also post this message on other boards like 485 etc? Also did you speak to your attorney? TSC is atleast taking 2 yrs for 485 and my five years are coming close to an end....I am also wondering whats next.
 
hey folks
I spoke to state department of health and they are in the process of making a formal letter showing completion of 5 yeras in MUA/HPSA for those who got waiver through state 20 program hopefuly this should help
shall keep u posted finishing three years this oct applied for 485 still long way to go
Kidsdoc
 
in response to question by nch - one can change to any MUA or HPSA area provided you have a pending I485 and approved EAD. You will be required to file an amended I140 petition for the new location which involves getting a new support letter from dept. of health. It is not advisible to change to non MUA /HPSA area until sufficient time has passed after your GC approval, some authorities say as much as 3 months ( Shusterman et al ). Hope this helps.
 
Thanks for your responses. Regards the change to another mua and amended NIW application mentioned I think this applies only when you are within the " five" year commitment. We are concerned about AFTER the five years are up and still the 485 is pending. Do u think the same applies ?? Can they make us stay on with the current employer even though we have fulfilled the commitment by law (of 5 yrs ) ? Thats the key question. People before used to stay on till they get the GC but that was before this new law obligating 5 yrs was made. I am wondering what the attorneys feel. Is the TSC center actually taking 2+ yrs to approve 485 in all cases or have u guys heard any better?
 
I appreciate response from you all. INS regulations and the statue both clearly state that 5 years (aggregate) of mandatory service is required. But nowhere it is mentioned that the physician has to CONTINUE to work in a HPSA after finishing 5-year “sentence”. As we know that fingerprinting and medical exam submission will be delayed until after 5 years. This may easily delay approval of permanent residency by atleast 6 months to 1 year (this may be a very optimistic estimate). The question is “ are we required to continue to work in a HPSA during 6th year or we can go on to do fellowship or open practice with the EAD that we would have because of pending I-485?

Check out this site http://www.ingber-aronson.com/FAQs on dr NIW.html
This question is addressed towards the END of long list of FAQs on this site. This seem to suggest that we will have to continue to work until green card is received but it is hard to believe that INS may deny permanent residency petition even if a physician fulfills 5 year service requirement. What do you all think?

I have just finished 3 years so still 2 more years to go. But sooner or later this question needs to be addressed. I agree with desidoc123 that we need to place this question at other forums. Please continue to share your thoughts.
 
After 5 years

The basis for GC in NIW category for physicians is work in HPSA/MUA. Therefore, if at the time of I-485 adjudication (or CP) you are not working in one of those areas, there is a very good chance of denial of the petition. The law merely says that 5 years is just a minimum requirement.
 
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