NIW Physician

H

hashitoxicosis

Registered Users (C)
I am about to start my J1 waiver job in an HPSA area (waiting for H1). I filed for NIW (I-140 with concurrent I-485, AP and EAD) , which was approved(I-140). Also, my EAD and AP has been approved. My lawyer is of the opinion that despite getting the EAD and AP, I cannot use them for 3 years. The reason being, use of those will invalidate the H1 status, and I am expected to maintain H1 status for 3 years. kidsdoc, J1victim and others who have done NIW, what do you think? Have you used the AP or EAD (for moonlighting) in the first 3 yrs?
 
congratulations Hashitoxicosis
I donot see any reasons why one cannot use EAD/AP yes once u use it u will not be considered any more under H but to full fill Jwaiver requirements one has to work in MUA/HPSA 40hrs/week thats it if u want to moon light can moonlight after u have done working for 40hrs in MUA
Now a days State department send a form which ha to be filled by the Doc and employer saying the number of pts one is seeing and that it is still MUA
Ask ur lawyer if u cannot use it then why the heck u spend so much money filling EAD and AP.
Hope this helps.
PS this is my personal views only and am not a lawyer and should not be taken as legal advice.
 
My H is good till 2004 and I donot moonlight so have not used EAD or applied for AP But iy should not be an issue use EAD only if u want to do moonlighting or ur spouse wants to work otherwise stay on H
All the best
Are u internist and what state
 
yes u can use your EAD

hey hashitoxicosis and kidsdoc,

i agree with kidsdoc. EAD is useful esp when

i) ur spouse needs a work permit
ii) if u loose ur job, and u are not able to find another employer in an MUA/HPSA, then u can open ur own practice. This is a great benefit as u need an MUA (not necessarily an HPSA) for NIW. Finding an MUA practice is much easier than an HPSA practice
iii) moonlighting - (am not exactly sure about it)

as kidsdoc said, use EAD as a backup unless u have a spouse who needs urgent work permit.

J1victim
 
kidsdoc, what's that form from state Dept?

hey kidsdoc,

what's that form u were talking about ....*Now a days State department send a form which ha to be filled by the Doc and employer saying the number of pts one is seeing and that it is still MUA*

i didn't receive it.
 
Yes, I am an internist in CT. My reason for hurrying with my NIW was for my wife. She is half way into her residency, and the program would only sponsor J1. So I had to work on this before I actually I started.

J1victim, I will get in touch with you tomorrow
 
I filed the NIW ( everything) myself, so can't blame the lawyer! J1 waiver was through a lawyer though. Another peculiar sitaution I find myself in is, by applying for I-485, i may have just voided my J1 status. I still have a month or 2 to go as far as my training goes! I have decided not to lose sleep over this thing! I am hoping BCIS would be flexible about the transition phase.
 
Hi Hashitoxicosis,J1 victim
Hashitoxicosis U have not violated the J waiver rule donot lose ur sleep over this it is not worth losing ur sleep for.
J1victim I am finishing my 4th year in MUA I am in florida and state Deptt send me a form at the end of the year(2000,2001,2002) mentioning the number of patients including medicaid,selfpay uninsured etc I saw in the preeceding year just to make sure that I was still serving the underserved community and in fact they were kind enough to send me a thanx letter mentioning that I have fulfilled my 3 year comittment (I got my waiver through State 20 Program I did my waiver without any lawyer)
Which state r u in J victim may be u both can send privte emails to me if any questions.I should be getting the approval soon and plan to do fellowship after getting the permanant status.
Hope this helps.
 
hey kidsdoc,

just sent u a private email. so u r about to finish ur 4th year of waiver job.
r going th' the LC>I140>I485 route or LC>I140>CP route or NIW-I140>485 route?
i believe, if u had gone th' LC>I140>CP route then u should have had ur GC by now.
 
send ur message again kiddydoc. somehow it didn't show up on my mailbox. or email me at: j1victim [at] yahoo.com
 
Re: NIW

Hi all, new to this forum, excited to know of a meeting place for much haggard waiver MD's. I'am in my 4th yr of waiver in hpsa. I485 pending since march 2002, went through NIW,no LC. Has applied for renewal of EAD and AP.Have valid H1 expiring in 2004 ( EAD/AP to fall back on in case of any unexpected development ).

Re: use of EAD/AP during waiver period,my lawyer in a written comment had warned against the use of both, as that may invalidate H1 and even put oneself in deportation proceedings. Now this was early last year and my EAD/AP was filed after I140 approval ( not concurrently ). Hope this helps

Hi Kidsdoc, have you had your medical exam yet.

PGI

I'am MD not JD, please consult with an attorney !
 
hi folks
The main differance bet I-1485 for MDs in MUA v/s other 485 is that medical exam papers are not send at time of filling 485 but after u r done with ur 5 years commitment and BCIS will schedule FP only after showing the proof that one has fulfilled the commitment.I have just send all the papers W2 Tax returns and employers letter and letter from state deptt of health as my 1st aniversary of 140 is approaching one has to show the proof within 120 days after 1st anniversary of 140 approval.
Hope this help I am not a lawyer but thats what i information have gathered .
J1 victim have send u another email but bounsed back,Raddoc sorry i donot have hasitoxicosis email address
 
Kidsdoc, what documents have you sent in addition to w2s, employment letter.If i'am correct thease have to be sent at 2 yrs.anniversery. My NIW was with now defunct USDA waiver program, and they don't send any verification letter of waiver completion. NIW AD aug01.
 
u need to send a letter from the employer stating ur job status ur present salary on the letter head,w2s tax returns for all the years from the time u started ur work in MUA/HPSA Letter from IGA is actually not required but i called state department and they issued the letter (Got through State 20 conrad).
Hope this helps.
 
Thanks for your input kidsdoc, i hope shusterman's lawsuit ends this unnecessary double check of complience by bcis.
 
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