GC process for a physician on a J1

[olop]

My friend is a US citizen and his fiancee is here working on a J1. Shortly she will be taking up a j1 waiver position in a underserved area.

The question they have is

1) If the physician decides to apply for the green card on her own, will she be subject to the quotas subjected to in this visa bulletin as mentioned here under EMPLOYMENT-BASED PREFERENCES. Are physicians also part of the EB2/EB3 quota or is there a seperate quota to look for physicians.

http://travel.state.gov/visa/frvi/bulletin/bulletin_4576.html

2) If the physician while on the j1 waiver decides not to apply for for the employment based green card and instead marries her US citizen spouse. Will she be eligible to apply for a conditional green card based on marriage to a USC, OR does she still have to remain on the j1 waiver throughout the terms of her waiver contract ?? What happens after her j1 waiver contract gets over.. Can she then apply for her conditional green card or there are some more hoops to jump over ??

Thanks in advance.

 

[hadron]

1) If the physician decides to apply for the green card on her own, will she be subject to the quotas subjected to in this visa bulletin as mentioned here under EMPLOYMENT-BASED PREFERENCES. Are physicians also part of the EB2/EB3 quota or is there a seperate quota to look for physicians.

If she applies for her GC based on marriage to a US citizen, she is in family based category I and visa numbers are readily available.

2) If the physician while on the j1 waiver decides not to apply for for the employment based green card and instead marries her US citizen spouse. Will she be eligible to apply for a conditional green card based on marriage to a USC, OR does she still have to remain on the j1 waiver throughout the terms of her waiver contract ??

She has to finish the 3 year waiver employment IN H1B STATUS. 3 year 1 day and she can apply for adjustment of status (in the case of marriage based petitions, this typically means a temporary GC).

What happens after her j1 waiver contract gets over.. Can she then apply for her conditional green card or there are some more hoops to jump over ??

No hoops at that point. Forms I130, I485, I131, I765 and a cheque for $1080 is all that she needs. 3 months later she will get the employment permit and at the speed the service is trucking along these days probably her GC within 6 months.

 

[alexer]

Thanks for the posting.................