NIW (physician) related questions

[ondina]

Hello everybody!
I just found this awesome forum and i have few questions...

I am a physician in J1 visa, just obtained J1waiver for MUA , employer is applying for H1 now( in process). I have a 3y contract and a letter from employer that are willing to renew the contract at the end of those 3years . The Department of Community Health gave me an support letter for NIW , and I am planning to apply for NIW( physician), self petitioned now.

Question1: Should i submit i-140 first, then wait for approval , then and submit i-485 , i-765 and I-131 ( for me and my husband, one set for each other),or i should submit all forms (i-140,i-485 x2, i-765 x2, i-131 x2)at once?

Question2: I will be under H1-B visa ( J1waiver) for the next 3 years, and i do not need EAD to work...can i apply only for my husband's EAD?

Question3: On my j1waiver approval , there is an paragraph saying that i am not allowed to apply for change of status with immigrant intent until ending the waiver requirement (3 years) ,that means that it's illegal to apply for NIW and i-485?

Q4: Do i need AP (i-131) to travel outside USA after i-140 approval or i could travel with my H1 visa?

Q5: if i am applying for AP , do i have to stamp a visa in passport before returning to US? my actual visa (j1) is expired already .

Thank you very much!

[NIW]

Hey!
You can file I-140(NIW) and 485 for both you and husband at the same time as your country is current.
You are not eligible to apply for EAD & AP for your self until your 3 yr commitment is over, but your husband can apply EAD &AP along with 485.
It is not illegal to start your GC process as you'll be eligible to get GC only after5 yr commitment.
You do not need AP and you should not even apply for one.
Your status for the first 3 yrs is H1 so you need to get your passport stamped for your travel.

You can also start PERM based EB 2 process now itself through your future employer, how ever you'll have to wait 3 yrs before you file 485. It's a faster way to get GC for J1 visa holders

Hope this helps, but I strongly advise you to hire a good attorney

[ondina]

Thank you ,NIW, for answering so quickly.
I just find out that i will not be able to do premium processing( not possible for EB2 -NIW per USCIS) .
Any idea how long it takes until my husband will have the EAD/AP ? he is now on EAD (j2),so technically should not be a lot of verifications /additional processing....
My husband's employer is willing to work on an PERM for him, so hopefully we will have GC after 3y of waiver are done .
Thanks again!

[NIW]

If your husband's employer is willing to process PERM based green card, I think thats the fastest and easiest option, if he falls in EB2 catogory. But for that to happen, he should get H1B first and then proceed with PERM process. You can apply as a derivative and get your GC even before your 3yr waiver requirement, but you need to complete 3yr commitment either way.

The order and time lines for your NIW

As a physician you can file a self-petition EB2 NIW with USCIS, promising that you'll work in HPSA for five years. With that application, your spouse can get EAD and AP as soon as you file your I-140 (NIW), your I-485 and your spouse's I-485, I-765 and I-131. But your 485 will only be considered for adjudication after your 5 yr commitment. Hence premium process of I-140 (NIW) is unnecessary and even if it’s approved in few months you are not going to get any additional benefits.

And simultaneously, you can initiate PERM application with your future employer (provided your employer is willing to do) and you can apply I-140(EB2 not the NIW) and wait till your 3 yr commitment. Once your 3 yr commitment is over, you can file 485 and most likely you will get your GC in 4-6 months (In couple of months, if you are lucky)

But trying to get some answers on these forums and applying on your own may be little confusing and intimidating as it can get complicated some times.

Good luck