No W2 for remaining 2years? do u think I can switch from NIW to LC now?

A

ahum bramhasmi

Registered Users (C)
does any one know if I can change NIW to LC (if Labour approved)
only 4 months of 5 years remaining !!!!?????
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not working in underserved area for past 2 years because employer didnot provide me with Malpractice insurance, but paying rent for that clinic just to maintain clinic status. if I 485 approved and called for interview and ask for W2 then I am in trouble, because I have 1099 from Moonlightings only. first 3 years of 5years, I have W2 submitted to INS, no RFE's since then. maintaining my living by Moonlightings. sponser doesn't pay me and I donot pay him. he is just there in paper.

ANY ONE HAS GONE THROUGH SIMILAR SITUATION??????????
 
Sounds like a fraud. You are not eligible for either NIW or LC-based petition. The way it can work is either you return to HPSA/MUA and complete 5 years to be eligible for NIW, or get hired by your LC sponsor and get paid salary which is equal or above the amount indicated in LC petition.

And consult immigration attorney right away.
 
labour approved!!!!!!!!!!!!!!

does 5 years still applies to me? after LC approval????????
thank God I have some alternative for me( Iam on antihypertensive too)
also My sponser ready to help me rehiring?
can he back date or modify W2?
local office told me that my I 485 on hold? are they waiting for 5 years completion?
 
no w2 for last 2 yrs of 5 yrs NIW

ahum bramhasmi said:
does any one know if I can change NIW to LC (if Labour approved) only 4 months of 5 years remaining !!!!?????
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not working in underserved area for past 2 years because employer didnot provide me with Malpractice insurance, but paying rent for that clinic just to maintain clinic status. if I 485 approved and called for interview and ask for W2 then I am in trouble, because I have 1099 from Moonlightings only. first 3 years of 5years, I have W2 submitted to INS, no RFE's since then. maintaining my living by Moonlightings. sponser doesn't pay me and I donot pay him. he is just there in paper.
ANY ONE HAS GONE THROUGH SIMILAR SITUATION??????????
Click to expand...
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short answer: YEs you can. but you will be tied to your sponsor until your GC is done.

long answer >>
let us get your situation:
got a waiver >> did 3 years of H1B in underserved area >> have W2 for those 3 years >> after 3 years, you are using EAD for moonlighting and to survive >> no income from your sponsor (for your waiver job) for year 4 and year 5.

here is the analysis:
1. if you completed 3 years on H1b, then you are fine as far as waiver requirements are concerned. you have done 3 years in HPSA/MUA and now you don't need to go back to your home country.

2. now comes the question of continued job after 3 years >>
a. if you continue on H1b, you will need W2s from the sponsoring employer. if the salary is lower than LCA, you will be in trouble.
b. you may decide to use your EAD from NIW. Once you use your EAD, your H1b is gone.
c. using EAD, (for moonlighting, based on your NIW) ater completing 3 years on H1b, is fine as long as you are working atleast 40 hours in HPSA/MUA/VA/ARC/DRA. in this case, your income/earnings are not a problem. they can be any amount.
d. if you are not working in HPSA/MUA/ARC/DRA, then your NIW is in trouble.
e. in scenario d, you need a sponsor who can file for your ALC. Labor cert is for future employment, so you need not be working for same employer and still your ALC/I-140/i-485 can be approved.

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disclaimer: my personal opinion only.
 
J1victim, thank you, for your valuable words!

even my attorney has sent me following email:(so discouraging)

" Thank you for your various emials. I can understand that you are very concerned. Many of the issues you raised are outside the scope of our legal representation for this case. We donot know how the USCIS will decide a case like this. I advised you the other day that this case could get denied, as with all cases. We hope this information helps. We donot know of any accountants in that area but we may be able to get you a name if possible. Please do your own research too."
 
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