Question regarding letter of support for NIW

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md17

Registered Users (C)
I am a third year resident in Family Medicine on H1b. I have a 5 year contract from a health center in an underserved area. Although I have 8 more months of residency left,I want to go ahead and file for NIW.However, per an attorney, the State Deptt will give the letter of support only if the physician is already working in an underserved area.She told me this after she contacted them. That means I will be unable to file for NIW until I have completed my residency? have tried to approach the Health Deptt myself thru email, voicemail but haven't got any response. By the way, it is California state Health deptt.

Does anyone have any suggestions?
 
NIW EB2 Greencard

Hi,

I am also planning to apply for NIW EB2 Greencard.

What are the requirements for applying I140.

I know the following requirement,

1) Job offer in HPSA/MUA area
2)Letter from the Health Dept.

Other than the above do they need license of the state which I am going to accept the Job offer ?

I have my Illinois state permanent license.

I will be waiting for your reply, thanks.
 
It is essentially up to the state to make up their own rules who they sponsor for a physicians NIW. Some states are very pragmatic, all they want is a printout from the HPSA/MUA database and a written request and they will give you the letter. Others have very restrictive rules (and as expected, the neo-communist state of california buerocracy gives people a serious #%%^*#&! before issuing the letter, nothing new under the sun).
 
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Letter of support

Finally, I managed to get the letter of support from the State Deptt. of Health.
I had a question regarding Forms ETA 750A AND ETA-750B.

1) Since I am filing for NIW while in residency, do I need to submit these forms with the NIW petition?
2) If these forms have to be submitted, then my employer has to demonstrate recruitment efforts. Since I am not board eligible yet, does my employer have to advertise for a ' gereral practitioner" with a license?Also, where and for how long the adertisement has to appear?
3) Also, as required on these forms, the employer has to state the offered salary is higher or equal to prevailing wages. Since my employment is going to be in HPSA, I am not sure if the requirement of prevailing wages applies.

Pls advice. Thanks in advance.
 
> 1) Since I am filing for NIW while in residency, do I need to submit these
> forms with the NIW petition?

I have heard conflicting information on filing these forms. While the trick of a national interest WAIVER is that the need for labor certification is WAIVED, some processing centers apparently insist on getting an essentially blank non-certified ETA 750 along with the NIW petition. (the employer fills out the 'job requirements' part and you fill out the 'qualifications' part and both should match.)

> 2) If these forms have to be submitted, then my employer has to
> demonstrate recruitment efforts.

I don't believe they have to advertise. Submitting the form with your NIW petition is not the same as formally applying for LC.

> 3) Also, as required on these forms, the employer has to state the
> offered salary is higher or equal to prevailing wages. Since my
> employment is going to be in HPSA, I am not sure if the requirement
> of prevailing wages applies.

I don't believe the NIW law says anything about prevailing wage. It is the fact that you practice in a HPSA/MUA that counts.
 
H1B or EAD

I have a question, MD17, are you planning to start your waiver job on an H1B or an EAD since technically you can start your NIW-EB2 process now itself and get an EAD in time?

Lots of folks say that one should stay on H1B status during the initial 3 year waiver period, is that ABSULUTELY necessary? What are your thoughts, hadron?
 
> Lots of folks say that one should stay on H1B status during the
> initial 3 year waiver period, is that ABSULUTELY necessary?

For someone doing a J1 waiver, it is ABSOLUTELY necessary to be in h1b status for the first 3 years.

For someone like the OP who comes already from H1b status, there is no need to continue it (at least after the I140-NIW is approved). With the pending I485 you are in lawful status and given the approved I140 you have a rock-steady foundation for that status. Working on EAD is cheaper and offers more opportunities for additional practice locations, moonlighting and the like (if on the other hand you self-petition an EB-1 EA it is a good idea to remain in H1b status until everything is over, at times they can go back and reconsider their approval on second thought).
 
raj121b said:
I have a question, MD17, are you planning to start your waiver job on an H1B or an EAD since technically you can start your NIW-EB2 process now itself and get an EAD in time?

Lots of folks say that one should stay on H1B status during the initial 3 year waiver period, is that ABSULUTELY necessary? What are your thoughts, hadron?
Click to expand...


I am on H1b and will continue my waiver job on H1b as I come from retrogressed country.I will be able to file I485 and get EAD only when the priority date becomes current due to this retrogression. Until then, H1b is the only option.
 
hadron said:
For someone doing a J1 waiver, it is ABSOLUTELY necessary to be in h1b status for the first 3 years.
Click to expand...
is this true for hardship waivers too?
 
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Thanks guys,

Hadron, another Q, once I get a J1 waiver, I am thinking of applying for an EB2-NIW mainly so that my wife gets an EAD, even though I have to remain on H1B for the 3 year waiver period. Can you tell me which forms (eg I-140, etc), I have to file for both her and myself. I get confused with these aspects.

Thanks,

R
 
Ok, this is not legal advice, but here is what you do:

For You:
- I140 NIW (for physician in underserved areas with state dept. health as IGA)
- I485 (adjustment of status)
(no point applying for secondary benefits as you can't use them anyway)

For your spouse:
- I485 (adjustment of status)
- I765 (authorization to accept employment)
- I131 (advance parole)

Now it will take a couple of months until your spouses EAD gets approved. Until then she will have a lawful status (adjustee) but can't work (or she can just stay on H4). After 91 days you should have the EAD, if not you can get a temporary one at the local office (about as pleasant as a dentist visit). With the EAD your spouse can work, but even if she has a valid H4 stamp, she will convert to 'adjustee' status. If your spouse travels, she can either re-enter on a new H4 visa, or she can use the AP document (there is a slight legal difference on whether you entered the country as 'non-immigrant' or as 'parolee'. I think that outside of deportation proceedings that difference is irrelevant.)
 
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Thanks a lot, hadron, that was a big help !

I will most more questions later ( I am sure I'll have them!).

Cheers,
R
 
To Hadron

hadron said:
> 1) Since I am filing for NIW while in residency, do I need to submit these
> forms with the NIW petition?

I have heard conflicting information on filing these forms. While the trick of a national interest WAIVER is that the need for labor certification is WAIVED, some processing centers apparently insist on getting an essentially blank non-certified ETA 750 along with the NIW petition. (the employer fills out the 'job requirements' part and you fill out the 'qualifications' part and both should match.)

Does 'uncertified' ETA 750 mean the employer does not sign at the bottom of the form? Item 24 states by signing, the employer certifies the conditions of employment.

Thanks
Click to expand...
 
Uncertified as in not bearing the stamp of the secretary of labors 'certifying officer'. I am not sure how this issue with submitting an ETA750 along with a NIW is handled these days.
 
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