WIFE IS A DOCTOR ON EB2I.PRIORITY DATE 2010.HAS COMPLETED 5 YRS ON H1 IN MUA/HPSA. COMPLETED RESIDENCY(3YRS) ALSO IN MUA/HPSA ON H1. THERE IS NO J1 REQUIREMENT. HUSBAND ON H4 TAKING CARE OF KIDS AND WANTS TO BE AN ENTREPRENEUR. CAN WE APPLY FOR NIW AT THIS POINT AND CAN HUSBAND GET EAD BECAUSE WE HAVE COMPLETED 5 YRS IN MUA/HPSA ALREADY.
WHAT ARE THE PROS AND CONS IF SO.
THANK YOU FOR YOUR TIME.
May I suggest that your TURN OFF your CAPS LOCK ... it is difficult to read your message.
No, the husband can not get an EAD, nor start a business, until after you two are eligible to file an I-485/765.
As for your NIW idea ... I suggest that you talk to an immigration attorney ... not all that may physicians qualify for this.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Although not specifically mentioned I assume you and spouse were both born in either India or China so that your EB-2 priority date is not yet current. You will not be able to obtain an EAD until your EB-2 priority date is current and you and your wife are able to file I-485 applications. However, if your wife is no longer employed by the entity which was the basis of the original labor certification and approved EB-2 petition then an NIW would be very helpful, as you will no longer be able to proceed with an I-485 based upon the previous approved I-140 petition. If your wife has not already filed an NIW petition based upon the employment which she performed in the HPSA/MUA, there may be some obstacles to overcome in order to be able to file a NIW petition based upon this employment. This will largely depend upon the policies of the state(s) in which the employment was undertaken. You should obtain experienced legal counsel to assist you. Please understand the approval of a NIW petition will not change the employment based preference category, your wife will still be EB-2. However, you should still be able to utilize your wife's earlier 2010 priority date. Also be aware that USCIS has indicated that it will be issuing a new policy regarding employment authorization for H-4 spouses which will hopefully positively impact your ability to work until your priority date becomes current and you and your wife are eligible to file I-485 applications.. Good luck.
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