Pls advice me Conrad 30, NIW

[sree1823]

Hi,

I'm a physician seeking J1 waiver through Conrad 30 state program.

Today I received approval letter from state department of health.


My questions are :

(1) How long does it take usually to get the recommendation from DOS
for conrad 30 state waivers ?

(2) What is the right time to initiate the process of NIW for getting the
green card ?

(3) How early spouse can get the EAD through the NIW process?



Thanks in advance
sree

 

[hadron]

Hi,
(1) How long does it take usually to get the recommendation from DOS
for conrad 30 state waivers ?

Variable. Anywhere from days (in january) to weeks (in June/July).

(2) What is the right time to initiate the process of NIW for getting the
green card ?

Now. The earlier your priority date, the better off you are in case there is generalized retrogression in the EB-2 category in the future. Get the support letter from state health and either submit a 5 year contract (with 'termination without cause provision' for both sides) or a business plan for your practice activities.

(3) How early spouse can get the EAD through the NIW process?

If you apply for the NIW now, your spouse can have an EAD by July.

 

[janish]

Hey hadron

hey Hadron

Please clarify

When Can one apply for green card through PERM earliest. I am on J1 and waiting to hear from Department of health. I am from India and want to file green card as early as possible because of retrogression.

Also can I apply for my wife EAD once I get approval from Department of health.

Thanks
Janish

 

[posmd]

hey Hadron

Please clarify

When Can one apply for green card through PERM earliest. I am on J1 and waiting to hear from Department of health. I am from India and want to file green card as early as possible because of retrogression.

Also can I apply for my wife EAD once I get approval from Department of health.

Thanks
Janish

Look my friend, At this time you cannot file a 485 for either yourself or your wife. That's cuz of the retrogression monster afflicting those from India in the EB2 catogory (which physicians with either LC/PERM based 140 or the Physician in underserved NIW-140 belong to). Currently the PD is Jan8th 2003 for EB2 India and it has virtually not budged in the last 8 months. Until that date moves to 2007 or whenever you actually file your petition, you will be stuck in H1b visa (if all goes well) and your wife will have to continue in a dependent visa situation(h4) or has to get her own visa on her own merit.
Thats the bottom line. Sorry if the reality bites. Consult a lawyer and verify if you wish. So the bottomline is you are stuck in this by virtue of your place of birth, and there are few ways around it.
Best wishes.

 

[sree1823]

Thanks Hadron for your reply.

I'm from India.

If I apply NIW now, still my spouse get EAD by July (approximately).

 

[hadron]

I'm from India.

If I apply NIW now, still my spouse get EAD by July (approximately).

It is my understanding that you can't (unless your wife was not born in india and you BOTH can file under her country of birth rather than india).

The problem is that you can file I485 only if a 'visa number is immediately available', and for EB2 from india that is currently not the case. Filing the NIW now makes sense anyway as you will secure your PD that way and nobody knows how retrogression will look like 5 years from now.

 

[sree1823]

Can somebody tell me the link where can I check the status of waiver
(conrad 30) in Deapartment of State.


Thanks
Sree

 

[hadron]

http://169.253.2.79/

 

[sree1823]

Thanks Hadron for your quick reply.

I was told that the state dept of health sent its recommendation to DOS
on Jan 31st by overnight mail. It is already 3 weeks and when I check the status
online (the same link you told) it is not even showing that they receive the application. It is showing that "Currently, there is no information regarding the status of your case."

Is it normal and/or too early to worry about it ?

Once again Thank you very much
Sree