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sinayat
- Thread starter DRVR
- Start date
My country of Origin is India.
I applied for I 485 AND I140 ON MAY 3 2004, MY I 140 WAS APPROVED ON MARCH 2005
We sent the following documents to INS after completion
1. Tax documents for 5 years
2. attestation that I completed 5 years full time in VA internal medicine (exact dates included)
3. Attestation notarized by the employer that I finished 5 years of requirement (exact dates included)
4. letter of employment
5. copy of approved I 140 and pending I 485.
We also sent a cover letter with all these documents. INS did not ask for any of these. We thought we will submit the evidence of 5 years of completion as the NIW rules states that. Please let me know what would happen next?
I applied for I 485 AND I140 ON MAY 3 2004, MY I 140 WAS APPROVED ON MARCH 2005
We sent the following documents to INS after completion
1. Tax documents for 5 years
2. attestation that I completed 5 years full time in VA internal medicine (exact dates included)
3. Attestation notarized by the employer that I finished 5 years of requirement (exact dates included)
4. letter of employment
5. copy of approved I 140 and pending I 485.
We also sent a cover letter with all these documents. INS did not ask for any of these. We thought we will submit the evidence of 5 years of completion as the NIW rules states that. Please let me know what would happen next?
My Take
I am assuming that you did a J1 waiver in the VA also. Since your committment is complete your I-485 is approvable, and generally in the past that would have meant you would get your green card in about 6 months or so.
The problem now is that your priority date is May 2004 and the EB2 priority date for India is now Jan 2003.
I am faced with a similar situation as you. In the past, all but the most astute lawyers were telling us we could file NIW at any time during the J1 waiver and it would not make a difference, not necessarily advising us to fix an early priority date. At that time Visa numbers were freely available in view of the then recently passed visa recapture legislation AC21.
I recently saw a post by someone who was suggesting that the priority date for these sorts of cases might be considered as the start of the 5yr period (which it would be for those that filed it transferring from H1b initially or those who filed it ASAP after starting their waiver).
http://immigrationportal.com/showthread.php?t=214692
However as far as my research goes for those in your type of situation, the approval will have to wait until the priority date is current.
So, though I am not entirely sure how this will work for you, I am definitely very interested in finding out, since I will be in the same situation next year without some EB immigration legislative relief. Please keep us posted on developments.
However my new lawyer (I fired my old one) who is big in physician immigration assures me that once I do complete the 5 yrs I should be able to move about on EAD into any internist job without much difficulty.
I am assuming that you did a J1 waiver in the VA also. Since your committment is complete your I-485 is approvable, and generally in the past that would have meant you would get your green card in about 6 months or so.
The problem now is that your priority date is May 2004 and the EB2 priority date for India is now Jan 2003.
I am faced with a similar situation as you. In the past, all but the most astute lawyers were telling us we could file NIW at any time during the J1 waiver and it would not make a difference, not necessarily advising us to fix an early priority date. At that time Visa numbers were freely available in view of the then recently passed visa recapture legislation AC21.
I recently saw a post by someone who was suggesting that the priority date for these sorts of cases might be considered as the start of the 5yr period (which it would be for those that filed it transferring from H1b initially or those who filed it ASAP after starting their waiver).
http://immigrationportal.com/showthread.php?t=214692
However as far as my research goes for those in your type of situation, the approval will have to wait until the priority date is current.
So, though I am not entirely sure how this will work for you, I am definitely very interested in finding out, since I will be in the same situation next year without some EB immigration legislative relief. Please keep us posted on developments.
However my new lawyer (I fired my old one) who is big in physician immigration assures me that once I do complete the 5 yrs I should be able to move about on EAD into any internist job without much difficulty.
Last edited by a moderator:
> Have You Guys Followed This And Is This How It Is Progressing?
There is no discernible system to the progression and regression of priority dates. From one month to the next, it can move forward or backward, just depending on how many I485s where adjudicated for that country that month. Also, USCIS is trying to predict upcoming use of numbers and tends to be very conservative in making these estimates.
There is no discernible system to the progression and regression of priority dates. From one month to the next, it can move forward or backward, just depending on how many I485s where adjudicated for that country that month. Also, USCIS is trying to predict upcoming use of numbers and tends to be very conservative in making these estimates.
Thanks, sinayat
Sinayat can you please check and let me know if WHAT we sent below is OK?
We sent the following documents to INS after completion
1. Tax documents for 5 years
2. attestation that I completed 5 years full time in VA internal medicine (exact dates included)
3. Attestation notarized by the employer that I finished 5 years of requirement (exact dates included)
4. letter of employment
5. copy of approved I 140 and pending I 485.
We also sent a cover letter with all these documents. INS did not ask for any of these. We thought we will submit the evidence of 5 years of completion as the NIW rules states that. Please let me know what would happen next?
Sinayat can you please check and let me know if WHAT we sent below is OK?
We sent the following documents to INS after completion
1. Tax documents for 5 years
2. attestation that I completed 5 years full time in VA internal medicine (exact dates included)
3. Attestation notarized by the employer that I finished 5 years of requirement (exact dates included)
4. letter of employment
5. copy of approved I 140 and pending I 485.
We also sent a cover letter with all these documents. INS did not ask for any of these. We thought we will submit the evidence of 5 years of completion as the NIW rules states that. Please let me know what would happen next?
Did you send your medical and supplemental form (vaccinations). I think you would also need to send copies of I-94 and pages of your passport with entry and exit notations I received an RFE for these. Recently the INS is asking for legal status since the last entry. I also read in one of the forums that they asked for letter of completion of J-1 from the state health department, however this is very unlikely.
Once everything is complete you will get the notice of approval.
By the way when was your last fingerprinting and what was the code(1,2 or3).
Once everything is complete you will get the notice of approval.
By the way when was your last fingerprinting and what was the code(1,2 or3).