Hi, my J1 waiver 3yrs in underserved area (on H1 now) will complete in 6 months. My wife is on H4 now (she was on J2), she has a approved EB3 petition (filed before J visa received) with visa number available, can we file AOS now? lawyer says it takes 6 months of processing so when it comes 3 yrs will be over. Please guide.
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Can AOS be filed? Experts pl help!
- Thread starter mgm1
- Start date
backlogged1
Registered Users (C)
Aos
Dear mgm1
There are shabby lawyers who will recommend you to file but you will have to do it at your own risk as nowdays BCIS may process your 485 faster than it used to .legally you can not file any immigration petition before completing those 3 years obligation.
If it is found out then it will lead to rejection and loss of priority date which is so good for you .
My suggestion : don't rush, a lot of people are waiting for years without any end in sight and you are so close so don't rush and ruin.I know about one friend whose lawyer filed his 140 & 485 only day he finished his 3 year waiver.
Good luck
P.S. I am not a lawyer so consult a lawyer for professional advice
Dear mgm1
There are shabby lawyers who will recommend you to file but you will have to do it at your own risk as nowdays BCIS may process your 485 faster than it used to .legally you can not file any immigration petition before completing those 3 years obligation.
If it is found out then it will lead to rejection and loss of priority date which is so good for you .
My suggestion : don't rush, a lot of people are waiting for years without any end in sight and you are so close so don't rush and ruin.I know about one friend whose lawyer filed his 140 & 485 only day he finished his 3 year waiver.
Good luck
P.S. I am not a lawyer so consult a lawyer for professional advice
happyneige
Registered Users (C)
I am in a similar situation. My J-1 waiver will end in July, 07. I-140 has been filed last month but my lawyer says to wait until the J-1 deal is over before thinking about filing for AOS. According to my lawyer, unless you are retrogressed, the I-485 should be approved within 6 months of the priority date. Hope this helps.