From J1 to GC

[dr_nalini]

Hello, I am on H1B in the process of green card (finished Labor Certification October and in waiting list to submit I-140). My wife is going to join in residency this year on J-1. And we are trying to figure out the faster way to get GC for us.

Q1: How practical is it that get my EAD or GC in 6 years?

Assumption1: I get EAD or GC in 6 years.
Assumption2: she takes 3 year J1 waiver job after her 3 year residency.

Q2:Will she be eligible for EAD or GC from me after she complete the 3 year job? If yes what would be the processing time?

Q3: Is there a better/faster approach to get GC for both of us?

Thanks, Nav.

 

[mmed]

Hello, I am on H1B in the process of green card (finished Labor Certification October and in waiting list to submit I-140). My wife is going to join in residency this year on J-1. And we are trying to figure out the faster way to get GC for us.

Q1: How practical is it that get my EAD or GC in 6 years?

Assumption1: I get EAD or GC in 6 years.
Assumption2: she takes 3 year J1 waiver job after her 3 year residency.

Q2:Will she be eligible for EAD or GC from me after she complete the 3 year job? If yes what would be the processing time?

Q3: Is there a better/faster approach to get GC for both of us?

Thanks, Nav.

In general, any one with J medical should be waived (generally by working in low served area for 3 years as you mentioned). After that and if there is visa number available according to your category of GC application, she can apply for adjustment of status. After she applies, she can apply for EAD to work with till a decision is taken in her pending status. You are talking about many years for her. By accepting residency with J, actually she squeezed herself in a dark tunnel (which may be the only option for here especially with the big waiting line for many categories of GC especially for India). She may even finish residency and low served area and your visa number is not current yet by that time. If you are in a category with visa number current, you may get the GC soon and after those many years she can apply for adjustment of status.
Again, how practical to get the GC in 6 years depending on your category, I think you may be in EB3, if so you can multiply this figure by 2 or 3
The faster way is to be in a category like EB1 (by your qualifications) by then you can avoid this long waiting list. But, again, for here nothing can help for many years if here name is stamped in a J visa even for one day.