I am doing J1 waiver in NC. Due to retrogression, I was trying to file NIW before september 30th to obtain EAD and AP. However, State health department refuses to give me letter unless I sign a letter stating that I owe state 250K if I am unable to complete 5 years with my employer. They are very discouraging in allowing me to transfer to another employer if such need arises in future. It scares me how dependent I will be on my employer and state. I am not so sure about signing this legal document. But on other hand, it seems like even if my labor is approved, it will take 10 years or more to get green card. Any suggestion. If I leave can state sue me. In that document they mentions bringing this issue to state attorney general. This can easily turn into a slavery document specially if employer knows I can not leave without a heavy penalty. I wish I can trust state but so far they always seem to favor employers (from others personal experience). In case I leave and state sue me, can I ever come back here. Thanks
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Retrogression: NIW EB2 and 250K Liquidation damage provision
- Thread starter nashdel
- Start date
Also at this stage it is very important to file no matter what
doubt if the 250K demand would carry weight in the court. Think aobut it if you don't file you will keep working HHS for next 5 years anyways and that too without a 485 filed and then after 5 years you will get a chance to file. whatever it takes I would file, not much time to discuss with lawyer. Can you conitnue on J1 for next 5 years?? also worst case scenraio make sure you at least filed your 140 to establish PD
doubt if the 250K demand would carry weight in the court. Think aobut it if you don't file you will keep working HHS for next 5 years anyways and that too without a 485 filed and then after 5 years you will get a chance to file. whatever it takes I would file, not much time to discuss with lawyer. Can you conitnue on J1 for next 5 years?? also worst case scenraio make sure you at least filed your 140 to establish PD
tangohi said:talk to a lawyer
Look for a state with less onerous requirements and move.
You can file a physicians HPSA NIW without a 5 year employment contract. Put together a business plan for a practice, get a state medical license for the respective state and demonstrate to CIS that you intend to open a practice in that state once they approve your I140. This way you preserve a priority date. At a later point you can either use this I140 by serving your 5 year term, or you transfer the I485 to a new I140 under maintenance of the PD.
The 250k thing is something a couple of southern states seem to do. Don't go for it. While I doubt that this is in any way enforcable, signing something while being in sound mind is hard to get out of.
You can file a physicians HPSA NIW without a 5 year employment contract. Put together a business plan for a practice, get a state medical license for the respective state and demonstrate to CIS that you intend to open a practice in that state once they approve your I140. This way you preserve a priority date. At a later point you can either use this I140 by serving your 5 year term, or you transfer the I485 to a new I140 under maintenance of the PD.
The 250k thing is something a couple of southern states seem to do. Don't go for it. While I doubt that this is in any way enforcable, signing something while being in sound mind is hard to get out of.
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I decided not to go along with state.
I am filing PERM and stay on H1b until they allow or until GC comes.
I am in second year of my waiver. NC has 4 year contract which I had signed before accepting waiver. So almost 3 years to go before I have a choice to move.
How can I file Five year commitment in another state. I had heard that J1 waiver law states that first 3 years are to be on H1B and even if you have EAD I can not use it.
Are you talking about starting waiver after 4 years. That is a good suggestion as I do not mind HPSA particularly if that is my own practice.
May be asking too much, do you know if you can file NIW for future. Can I propose to state that I will start work after 3 years. But big problem is after september 30th there will not any EAD, I will need an employer for the same.
Thanks
I am filing PERM and stay on H1b until they allow or until GC comes.
I am in second year of my waiver. NC has 4 year contract which I had signed before accepting waiver. So almost 3 years to go before I have a choice to move.
How can I file Five year commitment in another state. I had heard that J1 waiver law states that first 3 years are to be on H1B and even if you have EAD I can not use it.
Are you talking about starting waiver after 4 years. That is a good suggestion as I do not mind HPSA particularly if that is my own practice.
May be asking too much, do you know if you can file NIW for future. Can I propose to state that I will start work after 3 years. But big problem is after september 30th there will not any EAD, I will need an employer for the same.
Thanks