To Hadron and others, pls. advice

D

Dr.B.

Registered Users (C)
I’m Canadian J1 (C&A Psych),my wife is Canadian J2(with EAD over the last 3yrs)
I’m offered a J1Waiver job in the non profit (inc.), community based setting in Western Massachusetts (designated HPSA).
1. Given the above situation, and intention my wife to keep EAD, while im on H1visa,should I apply for LC as soon as DOS approves the J1 waiver, or I should sign the 5 yrs contract (for NIW) and then deal with LC?
I learned from this forum that these days (thanks to PERM), LC gets approved must sooner.
Hadron, pls advice, and thanks for all your help in the past.
 
EAD for 3 years plus?

Quick question Dr B:
how did you guys go about having an EAD that's longer than one year? Aren't EADs supposed to be one year long, after finishing a degree (graduate or undergraduate?).
Thanks for the info!
 
Congrats to the offer. Where in western Mass are you going ?


> I learned from this forum that these days (thanks to PERM), LC gets
> approved must sooner.

It does, but the problem is that you won't be able to take advantage of it. We had this discussion before, and I learned that the only I485 you are allowed to file as J1 during your 3 year waiver period is one attached to an NIW (and as you have to file along with your wife, this is the only way to get an EAD for her) So, while the thought of getting a LC approved before you even start the job (in order to get EAD for wife) seems elegant, in reality it doesn't work, sorry.

So, your best bet is to either sign a 5 year contract, or to submit your NIW without the contract but with a business plan for your own practice (see another recent thread about various aspects of practice planning).
If you sign a 5 year contract, it doesn't mean you have to stick with your employer for 5 years. Negotiate a 90 or 180 day notice period for 'termination without cause' into the contract. That way, you can get an LC based GC after the 3 years are up and leave if you want to. It all depends on what you have in your contract. Employers in difficult to recruit situations (e.g. psych for a non-profit corp) love to coerce people into these 5 year contracts without exit clause. While nobody can force you to work for them, if you leave early they can allways threaten you with a breach of contract lawsuit.

> and thanks for all your help in the past.

Oh, you are welcome.

If I had found this website 10 years ago, I would be a quarter mil wealthier and and wouldn't have gone through a lot of headaches that I ended up going through. So, if I can help the occasional colleague to benefit from the experience of myself and others around me, I will be glad to do so.

But again, I can be wrong without even knowing about it. So please, don't take my word for it but verify anything with a knowledgeable immigration attorney.
 
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Maybe if your wife is able to find the right job, she could get H and then PERM processed. I think after you get your waiver wife doesn't have to wait for 3 yrs to do LC based GC. That is a back-up plan. Others comment please.
 
What line of work is your wife in ? Sometimes (e.g. teachers), it can even be easier for the spouse to get the GC, you would just file a 'follow to join' once your 3 years are up.
 
Hi Angio!!!

angio said:
Quick question Dr B:
how did you guys go about having an EAD that's longer than one year? Aren't EADs supposed to be one year long, after finishing a degree (graduate or undergraduate?).

Hi Angio,
My wife’s EAD is “connected” to her J2,and her J2 is “connected” to my J1(Psych. Residency training ).By renewing my DS2019 annually, chain reaction would occur, and EAD would be renewed annually as well (an elegant fee would apply). Given the fact that J1 is available for 7 yrs, I presume (not sure b/c I did not know about this from the 1st yr of training) that EAD can be renewed fro the same period (annually).
I hope that this answers your question.
Click to expand...
 
hadron said:
What line of work is your wife in ? Sometimes (e.g. teachers), it can even be easier for the spouse to get the GC, you would just file a 'follow to join' once your 3 years are up.
Click to expand...
..she is Museum curator.....master in art history.....I dont think that she can teach....Thanks for the suggestion.
 
Well, she does have a 4 year college degree. Is her employer a non-profit (most museums would). Chances are, she could get an H1b by her own right, probably even cap-exempt. If her employer values her expertise, they would probably sponsor the H1b for her.
Now, her skill set is probably fairly unique, they could also file a labor cert for her. Once you start your waiver job, from what I understand she would be eligible to file I485 (still would leave her with a 3 month+gap until EAD. I guess you guys just have to time it right to get a kid during that time :))
 
Hadron, thanks for the great insights on the contract nagotiation.
5 yrs NIW along with LC(Parallel appl, right after the DOS approval) sounds like the best option in order to maintain my wifes EAD.I'm aware that I should not touch my EAD in the 1st 3yrs of H1 postion(waver).
 
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