Preapproved NIW,Question about AOS

A

ak123

Registered Users (C)
Hello,
I am a former J-1, currently on H-1B, working in underserved area since the last 2 yrs. I have a self-petitioned NIW approved in 1998 based on exceptional ability. Can I apply for AOS I485 now prior to finishing my 3 yr requirement? How long am I obliged to continue working for my current employer since my NIW is not employer sponsored? My NIW was approved at VSC but I am now working in an area under NSC, where should I apply my I485? Thank you everybody for your advice and experiences..
AK
 
Re

You cannot apply for adjustment of status until you complete 3 years of j-1 waiver job. After that you can move to another job making sure that it is in line with NIW.
 
Thanks Yooper

Thank you for your reply. Are you in a similar situation or were you inthe past? Your experience will be very helpful, since my attorney is about to file AOS in the next few weeks. Thanks again.
 
Timing for J1 Waiver

Hi,

I am looking for information as when to file for J1 waiver (Currently on 2nd year Residency)

Any info /direction will be of great help.

Thanks,

Pari
 
Yes, you can!

You can apply for AOS based on NIW approved in \'98. There are 2 scenarios; if your NIW was approved under-\'old\' guidelines or \'pre-NYSDOT\' guidelines, you can adjust your status now-but might be safer to wait till 3 years of J-1 waiver are over. Check with your attorney-to be certain. Under new guidelines, if you are subject to the 5 year service requirement, you can apply for AOS right away-and can get EAD. you will get a temporary Green card when your AOS is adjudicated. Once you show evidence of having completed 5 years of service in MUA/HPSA, you will get a permanent green card. However, in my opinion, you are better off applying for a labor cert if you fall under the new guidelines. Goodluck.
 
Thanks Rajeev!

Thanks for your opinion, much appreciated. My RD for NIW was Aug98, hence this was pre-Nysdot period. It was not based on service in HPSA.
Do I still need completion of 3yrs? Is there any official INS source where I can address this question? Thanks again Rajeev for your help..
 
No Title

I have read somewhere that under old guidelines, you only become eligible for green card after finishing 3 years of waiver required service. If you had opted for CP, you can request an interview on the day after your 3 years are up. I am not sure about AOS-better to wait till you finish 3 years.
 
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