Primary J1 waiver should not use EAD until 3 years are up, is this still true?

P

palciparum

Registered Users (C)
Hi
I read this statement in NIW - self help section.

I am doing fellowship and I am interested in NIW. From from what I understand, for NIW in subspeciality one does not need labor certifcation. Can file I-140 and EAd/CP.

My interest is to get EAD soon after starting NIW so that I can travel back home without a nee dto visit consulate and get visa stamped. Alos my wife can then do residency on EAD.

But this statement bothers me: Primary J1 waiver should not use EAD until 3 years are up, is this still true?

So it means if I get NIW then I cann't get EAD for 1st three years? So if I travel outside I nee dto get H1B stamped?!!!

Replies appreciated
 
You may be mistaken in presuming that EAD is also a travel document....it is only for employment authorizarion. For travel you need AP (Advance parole) which you get by filing I-131. In order to file AP, once you file NIW (I-140), you should be able to file I-485 (if visa numbers available for your country) and then you have to file I-131 to get AP, For EAD the form is I-765.
Hope this helps.
 
Thanks for reply

For India, How long does it take to file NIW (I-140), you should be able to file I-485 (if visa numbers available for your country) and then you have to file I-131 ??

When can I file Form I-765 to get EAD for my wife so that she can continue resiency on EAD without break.

Replies appreciated
 
NIW 140s are taking about a year currently, however you do not need to wait for that to apply 485,131,765. You can file 485 and based on that 131, etc once your visa number is current (C). Physician NIWs are EB2 category and therefore you have to look at the state dept monthly visa bulletin to see the India EB2 status before you file. If your status is not current, you cannot file 485, 131,765 at that point.
 
1. You have to get your I-140NIW approved first, BEFORE you can file for EAD and Advance parole. You cant file I-485/EAD and AP unless priority dates are current. This is due to retrogression for India. Presently priority date for EB2 is sep 2006.
2. Once you get I 140 filed and approved, you will have your priority date (which will be in late 2008 or early 2009, whenever USCIS acknowledges it.
3. Then you wait and monitor the visa bulletin every month, hoping your priority date gets current. May take a few months, may take few years, nobody knows for sure.
4. Once your pririty date is current, you file for I485/EAD/AP. EAD will be approved in 1-2 months, AP maybe in few months. I advise you not to use the EAD for the first 3 years of doing your J1 waiver (assuming yourare J1). Your wife on the other hand can use the EAD. This is because, once you use EAD, you are no longer on H1B status.
So you see, the process can take some time. If your wife needs to work, she would be better off getting an H1B
 
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