questions, questions

D

docboston

Registered Users (C)
I started my waiver Job on July 1st this year. My employer has agreed to help me with Green card process. I have a few questions, hope some one can help
1. My pay is currently less than the prevailing wage". However, the way my contract is worded, the average pay i get over the next 3 years will be equivalent to the prevailing wage. Will that be acceptable at the time of PERM filing? Also, I am curious how my J1 waiver was approved when my wage for the first year is below the prevailing wage? (Not that I am complaining :))

2. My lawyer advised me to wait 6 months before starting the GC process, in order for me to be completely comfortable with the Job. The chief reason I want to start the process early is for my wife to get EAD. My understanding is that dependents of J1 (ie my wife) who get a waiver with the primary (ie me) do not have to wait for 3 years before filing for adjustment of status and ead. In ther words, it doesnt matter how soon my I140 is approved, as I cant file for I485 and EAD before 3 yrs are up, where as my wife can. IS this true?
 
well I am in a similar situation not in terms of salary but in terms of when to apply for perm or NIW.
My ife also want a EAD so that she can get fellowship here as the university is not willing to sponser her H1 if she gets a fellowship.
Please anybody can tell me if its better to apply for NIW ( 5yrs) or perm.

Or I just want to know whats the best for me in this scenario so that i can get my wife here to work
any response will be appreciated
 
PERM vs NIW

Both of you should consider NIW petitions since you are talking about EADs for spouses. The only way they could get that before your waivers are up is through the NIW. The downside for you is that you are comitting to a 5 yr period in an underserved area.
PERM holds the promise of an earlier resolution to your issue but there are no guarantees. It all depends on how the immigration landscape evolves. Potential pitfalls are numerous not the least of which is the potential for EB2 category retrogression by the end of the year for nationals if high immigrant density countries, bar a legislative fix. So basically PERM route is a bit of a gamble. Both avenues could be pursued simultaneously. In retrospect I would negotiate a combination fee schedule with a lawyer and pursue both options.

Hope that sheds some light.

POSMD
 
Thanx for your responses. Problem, is I got my waiver as a hem-onc and specialists dont qualify for NIW.
SO, are you saying that my wife will aslo be stuck for 3 years before she can apply for EAD?
 
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