Tranfer of I-485 from NIW to approved labor

S

Shalini Pahwa

New Member
Tranfer of I-485 from NIW to approved labor after 3yr requirment

My details are:

- Physician from India with approved NIW ( June 2003) and labor certifiation (April 2004.)
- Filed 1-485 through NIW on April 2003.
- Sent request to transfer I-485 from NIW to labor after finishing three years of working in the underserved area in August 2004.
- Nebraska center replied with "Intent to deny the transfer" in March 2005.
- I sent the reply for reconsideration of the transfer on April 2005.

Questions: 1) What are our options now? Do we need to take any other action before the deadline of Oct 1st? Please advise?

2) In case of denial of transfer, would the I-485 still be valid for NIW when I finish my 5 years for NIW next year?

3) Do you suggest we should apply for another 1-485 under labor certification before the deadline of October 1st?
 
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Yes, I am a J-1 waiver case but they denied the transfer request because this policy is no longer being followed by the Nebraska Center. I would like to mention here that this transfer policy was applicable earlier everywhere and lot many physicians got Green card approval through this. Recently, this issue came under consideration and while other centers are still allowing this, Nebraska has decided not to follow this any longer.
 
Shalini Pahwa said:
Yes, I am a J-1 waiver case but they denied the transfer request because this policy is no longer being followed by the Nebraska Center. I would like to mention here that this transfer policy was applicable earlier everywhere and lot many physicians got Green card approval through this. Recently, this issue came under consideration and while other centers are still allowing this, Nebraska has decided not to follow this any longer.
Click to expand...

If you are finishing your full 5 years next year, why bother to interfile? After you finish your 5 years, you are free to work anywhere you want. With retrogression dating so far back, on LC, you have to depend on an employer till you get GC.
 
Job transfer after NIW

Hi all,

This is a policy peculiar to the NSC. I know many lawyers are aware of it but to date I am not sure if anyone has challenged it. This is important moreso now that PDs have retrogressed so badly and those of us with earlier PDs with LC would not be able to benefit from it simply because we are in the jurisdiction of the NSC.
I have a couple of questions.
1) With regard to working on an EAD after 3 yrs J1 waiver completion in h1b. Is is safe? S********* newsletter reccomends not since 485 denial for any reason immediately puts one out of status if the EAD is used. However with PDs retrogressed so far back, it seems foolish not to even use the EAD.
2) By the same rationale then changing job even after 5 yr NIW period is completed could be construed as risky since technically 485 is still pending right.
Anyone has any thoughts or experiences on similar cases/issues? Please share them.

Best wishes
 
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Substituting LC 140 for NIW

Mine is at TSC. I want do a transfer of LC 140 (approved) for NIW. I 1485 was filed with NIW 140. My question is if it is duable at TSC. How much did you pay to your lawyer for it. I will appreciate your reply. You may send me a PM. Can I do it myself. Thanks.
 
TSC= Southern Regional Service Center in Mesquite,TX and Dallas, TX
VSC= Eastern Regional Service Center in St Albans, VT (receipt# EAC....)
NSC= Nebraska Regional Service Center in Lincoln, NE (receipt# LIN...)
CSC= Western Regional Service Center in Laguna Niguel, CA
NBC= National Benefits Center in Missouri and Chicago (receipt# MSC...)
 
Transfer / substitution

hi Dr. Pahwa,
I have sent you a private message. Please reply. TSC as already explained is texas service center.
Thanks.
 
hi

Hi,
I am also in a similar situation.My Perm LC was pending and I had to file NIW before sep 30 just to get 485 in so that I can use AP and EAD fro me and for my wife as well.At that time, my high profile lawyer told me that we can interfile later once perm gets approved. Later, when I asked her about the policy of NSC, she states that she does not know whether interfiling is possible.Now, I am in a mess. However, if the new immigration reform takes place, then we can file 485 along with I 140 for perm LC( even with retrogression) and withdraw NIW 485.That will cost lot of money but atleast a possibilty to use portability and also get earlier green card if labour PD is earlier.
:(
 
NIW approved

I received NIW 140 approval yesterday. Submitted on Sept 27, 2005, approved on Oct 20,2005 ( in about a month!) at NSC. That was some consolation for me after having being stuck with PERM for 4 months and not able to file PERM LC before retrogression. Looks like NSC is processing 140 very fast.
 
Congrats.

Their ploy to reduce the 'average approval time' for petitions at NSC is working to your advantage. They know, that they will look at this petition 5 years from now. So if all the i's are dotted they just blanket approve the physicians NIW. And on 'average', your 1 month time balances a couple of the EB-2 cases rotting in some storage container for >3 years by now.
 
hadron said:
Congrats.

Their ploy to reduce the 'average approval time' for petitions at NSC is working to your advantage. They know, that they will look at this petition 5 years from now. So if all the i's are dotted they just blanket approve the physicians NIW. And on 'average', your 1 month time balances a couple of the EB-2 cases rotting in some storage container for >3 years by now.
Click to expand...

True. Maybe NSC is only glancing at the essential few documents before approving. There was also a few reported fast NIW approvals from VSC as well. At least, now I can extend my H1 by 3 years and start counting towards the 5 years. ( Not a good bargain for me as an approved 140 LC with 485 would have been much better had not the PERM messed everything up). Now I am thinking something is better than nothing.
 
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