Adjustment of status on J-1

A

Aruna Chawla

New Member
Folks,
I am pursuing medicine residency on a J-1 visa that has a 2 yr home residency requirement. My wife is on H-1 and has filed I485. Is it possible for me to file I-485 and wait for GC to be issued after getting a waiver (that would be 3 yrs from now, when I complete residency). If I cannot file now, my wife would be a GC holder and 3 yrs from now when I file for adjustment based on marriage, it would take me another 3-4 yrs more to get a GC based on the priority dates. It is bot complicated. I have tried to write in a simple form. Can any one shed more light on this.
Thanks.
 
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include the j1 SPOUSES\' NAME FROM THE BEGINNING in all petitions, AND GET A PRIORITY DATE. friend is going thou a hell.\' cause the lawyer dint include spouse(J1) as a dependent. And once uI know I can not get a 2 yrHRR waiver for sure, then go home and come back after 2 yr with a green card from the consulate.Dont waste time here with all other possibilities if they arent pleasant and easy. I know peaple wasting years in the hope of getting a waiver.2 yrs fly off especially if u know ur green card is waiting for u(as a dependent spouse) at the end of it.Also ask ur souse to get consular processing for green card than waiting here for adjustment of status. This way u will get an interview date very quickly for a green card at the embassy.
 
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My lawyer did not include my spouse name on my I-140 petition. He told me as long as he included her name in the I-485 later on, she would be fine.
My spouse was former J1 physician and now she is doing her waiver commitment in HPSA on her own H-1 B. We were told that she would not be able to file her adjustment status as my dependent till she fulfill her 3 year commitment on H-1 B.
 
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I have a residency on a J1 visa and I have yet to apply and get my J1. Some of my friends tell me that I should let go of the residency that I already have and write step 3 to make me eligible for a H1 visa and apply all over again for residency programs. Does anybody there have an opinion on this plan of action? I can stay legally in the country for another year or so.
Thanks.
 
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How do we get the priority date for spouse?
I included my wife\'s name in 140 and she is going back to complete
the 2 year banishment.....I\'m in AOS stage of GC.....
What is the process that she could get GC after completing the 2 year
sentence.....
 
I-130/485/GC & physicians

My wife couldn\'t get her GC with me since she is on J1. Do I have to file I-130 petition for her to get a GC through me (like I-140 for GC thru employment) or can I apply for 485/AOS/CP directly after she finishes her 3 year waiver?

Thanks in advance for your inputs.

Ashish Julka
(ashish_julka@yahoo.com)
 
J-1 vs. H-1

Your friends are giving you a good advice. However, the majority of the residency programs will not sponsor you for H-1, but rather prefer that you accept J-1. So, before you act make sure that there are programs that would sponsor for H-1.
 
Spouse on H1 when I got my GC, but had not completed 3 yrs

When I received my GC earlier this year my wife was working on her H1 as a physician but had not completed her 3 years. We were told that she could not be a candidate for PResidency since she had actually had to complete her 3 years in an under served location.

Here are some questions based on the above stated scenario?

1. What do we need to apply for now after 3 years ? Should we use I485 based on the follow to join process ?
2. Names of forms if possible ?
3. What is the follow to join process ?
4.Can we actually start before her 3 years are officially up ?
 
I\'m in the same boat....

Follow to join seems to be the best approach. We do all paperwork before the 3 year completion
with the lawyer and as soon as 3 years are done, we file for follow to join which would be Consular
Processing......

Suggestions please.....
 
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