An question for H1-J1 family in applying green card

R

Rerga

New Member
Currently, I am an H1B holder and my wife is on J1. I am considering applying the green card under EB2 NIW. According to what I learn that the first step of I-140 will not have any relationship with my wife. But how about my I-485 application and the later? Will there be a gap period that my wife can’t work even she gets the J1 waiver? Such as she has to change to H4(H1B’s spouser) to get the EAD card in my I485 application, or that my wife can smoothly transitions from J1 to EAD card working permit if she got the waiver?

I just want to make sure my wife can continually stay with her job until she and I get the green card (I am the applicant).

Thank you very much for all the possible information.
 
If she get the waiver before you apply for AOS (I-485), I believe there's no problem for her to continue working on EAD. My wife was working as J2 (w/EAD) and once we apply for AOS, her new EAD (in a different category now) was approved immediately.
Remember that once you apply for a waiver as J1, you cannot renew that J1 any more.
This is just my experience, I'm just an user in this forum.
 
If both of you are from India or China, there will be a wait of a few years before you can file the I-485 (and get an EAD based on the I-485), because EB2 India and China are retrogressed by a few years.

Otherwise, for other countries you can file an EB2 I-140 and I-485 together, and both of you can obtain an EAD within 2-3 months. But your wife has to get the J-1 waiver before filing the I-485, so her I-485 may have to be filed a few months after yours.
 
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