PERM vs NIW

posmd

Registered Users (C)
Hi fellow victims,

I filed a LC from Mich. in 5/04 and to date haven't heard even that it was transferred to the BPC. So it likely that route is stuck. My 3yr J1 waiver finishes the end of this month. I filed a NIW/485 last month to cap my suffering at 5 yrs. I am thinking of the option of converting my LC to a PERM petition after noticing how fast those are going through. My thought is if that goes well, I could potentially file for a 140/CP by the end of the year and if EB2 numbers are available by then, finish my bonded servitude earlier.
Please give me your thoughts fellow victims.

POSMD
 
You are asking the wrong question here.

You should not even be asking this question about which one to choose. PERM or NIW?

You should be doing both at the same time.

In fact a lot of slave doctors apply for LC and NIW concurrently so that even if the LC is not approved by three years, at least they do not have to be on a H1B for the remaining time. You can get an EAD and advance parole, which gives you so much more flexibility than the H1B which you are on currently.

Check with your lawyer whether waiting for labor certification is better or should you go with PERM. Your employer will have to redo the recruitment procedure if you refile under PERM.
 
In My limited experience, Lawyers always give you the suggestion that gets them more work/money. Of course they will reccomend to refile under PERM, thats extra bucks for them.
The question for me is whether PERM/140/CP is likely to occur faster than the remaining clock on the NIW. Nowadays with PERM and current EB2 visa numbers availability, It looks like a faster route to me.
Thanks for the thoughts though.
 
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