NIW: help needed

[rahul74]

I am planning to apply for NIW based on my HPSA work location.
My attorney is stating that I need to change work contract to 5 years instead of 3 years for the same. According to him, I can add in the contract that this extention of contract is at discretion of employee after 3 years and it will not damage the interests of my employer.
Since I do not want to work after 3 years with my employer, is this contract language safe for me?
Also is it possible to swelf petition for NIW?
thanks in advance for the input.

[alterego]

You can have a contract written for the required 5 yr period, where you and the employer have a without cause 60 or 90 day opt out clause. Many contracts are structured that way and there have not been problems previously. The main thing is the letter that comes form the State Dep't of heath supporting your petition. Speak with the point person in your state and they will be able to guide you.
Generally it is less complicated to get an employment contract for the NIW commitment duration, however in answer to your question, yes you can also petition on a business plan to open a practice after your 3 yr commitment. The visa retrogression and inability to file 485 may complicate this a little however.
Another distinction you should understand is, once you get an employment agreement, the petition can be filed by your employer or by you. You should self petition since you then control the destiny of the 140 petition. ie. it will not be withdrawn.
Good luck.

[rahul74]

thanks alterego