To Hadron; please help

[kinch]

I am employed full-time at a hospital on H1B primary care. I work until 4 pm . I have another job offer from a private clinic to work evenings and weekends.
I know I cannot do this while on H1B from my employer. But this clininc is in a MUA. I would be able to spend 40 hrs/wk in this clinic. Is it possible to apply eb2-niw for this job and work if approved.
I know for eb2-niw uscis does not dictate what u can do in time other than 40 hrs u have devoted. so i can continue with my present job too, is this correct?
my 6 yrs are approaching and i have to file LC before the 365 day cutoff. If this is not an option, I would file employer based perm.
pls advise.

 

[hadron]

mhhh, getting the NIW for a moonlighting gig might be a bit iffy.

Depends on the state, some have specific requirements of what they require before they provide a letter that your work is 'in the public interest'. And whatever they define as full-time is what counts.

Getting past the state should be the smaller problem, also, an NIW petition can be for a planned job/practice and doesn't have to be for an ongoing gig.

At the 2 year mark you have to provide evidence that you are in 'full-time' practice at the sponsored location. This is where such a moonlighting thing could get back to you.

You could use it as a stop-gap measure in order to get an EAD in hand (and maybe even a 7th year extension). If you can maintain a record of being at that location 'full-time' you could potentially continue with the NIW path. If that is difficult, by then you should have an approved I140 based on a labor cert which would allow you to go either for consular processing or to file another I485.

I would consider doing both. File the NIW yourself (look at the step-for step guide here, it is pretty comprehensive). Also, have your employer go through the moves for a PERM. In the end, the LC route is the faster and more proven pathway.

I assume that you where one of the H1b all the way people and that the issues with J1 waivers on H1b don't apply to you, right ?

 

[kinch]

Thanks a ton for the reply hadron. I have been reading your posts on this site for a long time. i really apprecite the help you provide.
you r right...i am h1b all the way.
i still have one doubt...if i apply both the ways...and after 2 years i decide to switch further processing to employer sponsored LC route...this can be done right? i am not tied to serve in mua in that case?

In case i cannot provide documentation after 2 yrs of atyleast 12 months of fulltime service...does that simply suspend my ead via that route or it affects the perm based route too?

via eb2 niw would my spouse be able to get an ead and work (tats probably main concern to go via this route>)

thanks a lot again!!

 

[hadron]

> i still have one doubt...if i apply both the ways...and after 2 years i decide
> to switch further processing to employer sponsored LC route...this
> can be done right? i am not tied to serve in mua in that case?

There are a couple of recent posts here regarding the 'switching' issue.

You are only tied to the NIWs provisions if you adjust under it.

> In case i cannot provide documentation after 2 yrs of atyleast 12
> months of fulltime service.

Well, by that time you would need to have some other means to keep a valid immigration case. You would probably be best advised to withdraw the I140 at that point.

> ..does that simply suspend my ead via that route or it affects the
> perm based route too?

There are about 25 permutations of filings that would determine whether one affects the other. If done right, it shouldn't affect it.

> via eb2 niw would my spouse be able to get an ead and work (tats
> probably main concern to go via this route>)

This is what some people seem to do. They get a HPSA/MUA job, file the NIW so they get an EAD for their spouse quick. Later they get an employer in a more attractive location to file LC and then they switch.