wife on J-1 visa, I am getting outstanding researcher green card application

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adam99

Registered Users (C)
Dear Sir/Madam

Currently I am on H-1 visa, and my wife (also a foreigner) is a postdoc on J-1 visa in a university. She has a waiver for her 2 year home work requirement. Recently my lawyer wanted to file greencard application for me with outstanding research petition. I guess in outstanding researcher case, they apply for I-485 at the same time.

The problem is my wife will get another postdoc position in another university in couple of months. I believe she is still going to be on J-1, but I am not sure if she will need a new J-1 because of changing university. If she gets a new J-1 then she will need another waiver again. How will this affect her I-485 application. I believe we can apply now, since with her current J-1 visa she has a waiver. In couple of months (probably before we get work permit for her), she will be in another university, maybe a new J-1. How does it affect the application?

If this is a problem, maybe her new university can provide her a new visa, I guess H-1 is not an option, since it is only given in October, what will be her options that won't affect her work permit application.

Also if everything fails, then in that case, I guess I get my work permit but she does not, since she won't be able to get a waiver that soon (it takes six months). Is it a problem to apply for her I-485 after I get mine? How long that might take?

Thanks
Ed
 
After you file I-485, your J-1 status becomes invalid.
I know that you can file I-485 being in J-1. The thing is, J-1 is invalid immediately, and technically, if you also file EAD, you can not even work until you get your EAD approved. Really, people continue to work under J-1 for several weeks only, then get EAD and go to HR to change the paperwork...so those people also violate the status, but for short time (less than 180 days) which is covered by 245(k).
So, your wife can file I-485 and EAD together and then use EAD for postdoc. Alternatively, she should wait with filing I-485, if she wants to use J-1.
And another alternative, she can file for H-1, and after getting H-1 she can work under it and same time file I-485, no need for EAD then since H-1 is a dual intent visa.
Just my opinion, consult with your lawyer.
 
thanks for the information;

>So, your wife can file I-485 and EAD together and then use EAD for postdoc.
The lawyer says it will take 5+ months before we gets work permit. She wants to start her second postdoc position in 2 months,

>Alternatively, she should wait with filing I-485, if she wants to use J-1.
So if I get my I-485 separately from her, how long it might take for her to get? Could there be any problems with applying separately?

>And another alternative, she can file for H-1, and after getting H-1 she can work under it and same time file I-485, no need for EAD then since H-1 is a dual intent visa.
I don't think H-1 is an option. Universities usually do not give H-1s, and as far as I know H-1s are only issued in October, every year.
 
adam99 said:
Dear Sir/Madam

Currently I am on H-1 visa, and my wife (also a foreigner) is a postdoc on J-1 visa in a university. She has a waiver for her 2 year home work requirement. Recently my lawyer wanted to file greencard application for me with outstanding research petition. I guess in outstanding researcher case, they apply for I-485 at the same time.

The problem is my wife will get another postdoc position in another university in couple of months. I believe she is still going to be on J-1, but I am not sure if she will need a new J-1 because of changing university. If she gets a new J-1 then she will need another waiver again. How will this affect her I-485 application. I believe we can apply now, since with her current J-1 visa she has a waiver. In couple of months (probably before we get work permit for her), she will be in another university, maybe a new J-1. How does it affect the application?

If this is a problem, maybe her new university can provide her a new visa, I guess H-1 is not an option, since it is only given in October, what will be her options that won't affect her work permit application.

Also if everything fails, then in that case, I guess I get my work permit but she does not, since she won't be able to get a waiver that soon (it takes six months). Is it a problem to apply for her I-485 after I get mine? How long that might take?

Thanks
Ed
Click to expand...
What is the status of your I-140 application is it approved or you have planned to submit both I-140 and I-485 concurrently. Make sure and double check with INS site whether 140 and 485 can be submitted together now?. As far my knowledge is concern they stopped receiving 140 and 485 together(India and china) since last year. Regarding J1 visa, it’s an exchange visitor program visa which can be transferable from one Univ. to another thru their local ISO. Once you have waiver from 2 years home residency it should work for all J1 because you will be having only transferred J1 and not the new one. Regarding EAD, within 90 days it should be issued to you if not, you can go to your local INS office and they will give you the work permit.
This all my personal experience, it’s always better to consult some qualified immigration lawyer. Good Luck
 
Last edited by a moderator:
adam99 said:
thanks for the information;

>The lawyer says it will take 5+ months before we gets work permit. She wants to start her second postdoc position in 2 months,

>So if I get my I-485 separately from her, how long it might take for her to get? Could there be any problems with applying separately?

>I don't think H-1 is an option. Universities usually do not give H-1s, and as far as I know H-1s are only issued in October, every year.
Click to expand...

1) As to my experience, to get EAD takes from 10 days to 90 days, if more than 90 days you can go ask for interim EAD, so almost 99% probability you will get it in less than 100 days. Well I see that may happen in more than 2 months.

2) I do not see any problems applying separately, time to get depends on many factors, your country, your category, whether you are stuck in name check, etc. Only one problem, if PD will change for your country, she may not be able to file at some moment of time because of retrogession. I am not sure what happens if you will be approved before she files I-485, maybe this will result in long delay for her.

3) H-1s are NOT issued only on October, they are issued all the time. Normally companies are subject to 'quota' and after it is exhausted, their H-1s have to wait till next fiscal year which starts on Oct 1st, then again visas are being issued until quota ends. Universities and non-profit organizations are excempt from this quota and their H-1s can be issued any time. I am not sure how long is processing time though, you may look somewhere for it. Maybe 2 months is not enough to get H-1 approval.
I do not think universities do not give H-1s, since my last H-1 was from a university.
 
Thanks for your replies,

If J-1 transfer works without any waiver that seems to be very good. Since we could apply for I-140 and I-485 together now. The other option will be she should wait at her university before taking her new postdoc position, and whenever she gets work permit, she can transfer to the new university. I guess that is the safest.

I have also heard about travel requirements during this period. I might need to go abroad for business trip, how does it affect my application, also does it affect her application too, since she will be applying as the wife of outstanding researcher.

Ed
 
adam99 said:
Thanks for your replies,

If J-1 transfer works without any waiver that seems to be very good. Since we could apply for I-140 and I-485 together now. The other option will be she should wait at her university before taking her new postdoc position, and whenever she gets work permit, she can transfer to the new university. I guess that is the safest.

I have also heard about travel requirements during this period. I might need to go abroad for business trip, how does it affect my application, also does it affect her application too, since she will be applying as the wife of outstanding researcher.

Ed
Click to expand...
People originated from Inida and china should read the visa bulletin about the submission of 485.
For more details: Hit the link.

http://travel.state.gov/visa/frvi/bulletin/bulletin_2805.html
 
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