Complicated issue: self with GC, spouse with J-1 FMG waiver/H1B

[grump6]

All,

This is my first post, so my apologies if this question has been posed in advance.

I have a greencard, and my wife is completing her 3-yr J-1 FMG waiver requirement.

Background:

1. We were married in 2001, when both of us were not on H1Bs.
2. I acquired an H1B in early 2002. She was on J-1 FMG at that time.
3. I filed for my GC in EB1 in late 2002, filing the I-140 and I-485 simultaneously. She was listed on the I-140 as my spouse, *but* was not a co-petitioner. She remained on J-1 as per the terms of the J-1 FMG.
4. My GC was approved in late 2003, while she remained on J-1 status.
5. Upon the completion of her residency in 2005, she applied for and received a J-1 waiver, and then applied for and received an H1B so that she could complete her 3-yr waiver requirement as a physician in an under-served area.
6. Her waiver requirement concludes on Nov 30, 2008. Because of timing issues, the H1B will be renewed before her waiver completes (not an issue).

My questions:

1. We have been told by one lawyer that since we were married before my greencard application, and continue to be married, it is a "simple" matter of filing a form (which form?) to add her to my GC. Is this correct ?
2. Can we prepare the paperwork now, and file on Dec 1, 2008 ?
3. Can she choose not to work starting Dec 1, 2008, and still be in status ?
4. If she chose to work part time or full time at any point from Dec 1, 2008 onwards, is that allowed ?
5. Which is the form that is stated in point 1 above ? Is it a simple matter, or a complex piece of paperwork ? What is the time required and the approximate cost, if someone knows ? As one can probably tell, I don't have much faith in this lawyer!
   
6. And I guess most importantly, does anyone see any problems in the above plan ? Something that I have not accounted for ? Something that could cause her to go out of status and require to return to India while she waits out the GC-addition process ?

Any and all inputs are welcome and will be greatly appreciated. Please advise if you can!

Thanks!
Raj

[nscagony]

Yes, you can add her at any time as long your PD is current. You probably don't even need a lawyer. You just submit an I-485 for her with your approved I-140 and documentation that you were married before your I-485 was approved.

[grump6]

Originally Posted by nscagony

Yes, you can add her at any time as long your PD is current. You probably don't even need a lawyer. You just submit an I-485 for her with your approved I-140 and documentation that you were married before your I-485 was approved.

Thanks, nscagony.
Do you know if we can file on Dec 1, 2008, the day after the waiver requirement is completed, or do we have to wait for some time ?
And during that wait, can she not work if she so chooses ? Or work part-time ?
Can that wait be within the US, or does it have to be in India?

Thanks!

[nscagony]

Yes, you can apply on December 1, 2008. She MUST wait within the US, otherwise you can't do I-485, and you have to do consular processing. She can work on H1B right now and on EAD once you applied for I-485 (takes 3 month to get EAD).

[grump6]

Originally Posted by nscagony

Yes, you can apply on December 1, 2008. She MUST wait within the US, otherwise you can't do I-485, and you have to do consular processing. She can work on H1B right now and on EAD once you applied for I-485 (takes 3 month to get EAD).

Thanks again, nscagony.

Does someone/some entity have to certify that she has completed her waiver requirements, or does the BCIS "magically" know that the requirement is complete, and hence her I-485 application to add her to my GC is kosher ?

If some certification is necessary, that would imply a time delay. What is her status in that interim period ?

For various reasons, she does not wish to continue with her employer after Nov 30, 2008, so she has given them her notice, effective Dec 1, 2008.