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Niw -eb2

Discussion in 'AC 21 H-1B Issues' started by calssicyogi, Sep 15, 2014.

  1. calssicyogi

    calssicyogi New Member

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    Hi I am an medical graduate on 5th year of H1b visa, going to expire on 6/16.
    I currently in a clinical fellowship program which will end on 6/16.

    I have to maintain my h1b status after completion of fellowship program, to do that I understand that I have two options :
    1: Find an employer and file for labor certificate before 6/15( 365 day before 6th year of H1b), however this is very unlikely to happen due to competitive job market for physician.
    2: Second option is to apply for NIW -EB2, but I dont have enough publications to get approval. So I am planning to apply for EB2 NIW in 5/15 and once i140 it gets rejected, apply for appeal.
    my questions is:
    -How long does it take to get result of appeal of rejected i140 for NIW?
    -Can I apply for H1B 7 th year extension after appeal, on basis of appealed 140 case (will apply for extension after 365 days of application of initial I140 application- in 5/16).?
    -If yes, can I use that H1B extension to work for a non cap h1b employer from 7/16?
    -Any potential problems likely to happen with above strategy? or any other way to get round this 6 year H1b visa issue?

    Thanks a lot in advance!
     
  2. Momal Iqbal

    Momal Iqbal Attorney at Law

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    Have you considered applying for a physician 5-year NIW? You must promise to practice in a medically undeserved area for 5 years and can apply for adjustment of status (including EAD work authorization, enabling you to work without your H-1B status), but the adjustment of status will not be granted until you complete your 5 years of service. This is different from the normal EB-2 exceptional ability NIW that you mentioned.
     
  3. calssicyogi

    calssicyogi New Member

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    Hello Momal,
    Appreciate your reply! However I am not ready to commit myself to work in underserved for 5 years.
    So, Is there any way out if I am not able to sign a job(apply LCA) before end of 5th year of H1 B visa?

    Many Thanks in advance!!
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you don't want to commit to a five year program, then find an employer right now and get a PERM on file. EB2 NIWs have a very low approval rate.
     
  5. calssicyogi

    calssicyogi New Member

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    Yes, and I am looking to find an employer but they are interviewing for 2015 positions right now.
    Now my question is - whats the approximate deadline to sign job, in order to get my LCA on file before 6/15 ( end of 5th year of H1 B visa).
    Thanks
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I would try to allow for at least 9 months.
     
  7. Veggie3

    Veggie3 Junior Member

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    Hi Ron,

    Do you have a link or some more information about approval rates in EB-2 NIW? I couldn't find it online. Thanks.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You have to look at the annual reports of the USCIS.
     

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