GC for a physician married to a US citizen

[olop]

My friend is a US citizen and his physician fiancee is here working on a J1. Shortly she will be taking up a j1 waiver position in a underserved area.

The question they have is

1) If the physician decides to apply for the green card on her own, will she be subject to the quotas subjected to in this visa bulletin as mentioned here under EMPLOYMENT-BASED PREFERENCES. Are physicians also part of the EB2/EB3 quota or is there a separate quota to look for physicians.

http://travel.state.gov/visa/frvi/bulletin/bulletin_4576.html

2) If the physician while on the j1 waiver decides not to apply for for the employment based green card and instead marries her US citizen spouse. Will she be eligible to apply for a conditional green card based on marriage to a USC, OR does she still have to remain on the j1 waiver throughout the terms of her waiver contract ?? What happens after her j1 waiver contract gets over.. Can she then apply for her conditional green card or there are some more hoops to jump over ??

Thanks in advance.

 

[schandrag]

1. Physicians generally fall into the EB2 quota. EB1 if exceptionally well qualified( and meet stringent criteria)

2. Even if she marries her USC fiancee, she will be subjected to the terms of the J-1 waiver. i.e 3 years in a underserved area. After 3 years she can apply for permanent residency as the spouse of a USC.

 

[kidsdoc]

she has to do J1 waiver unfortunately once done with the waiver can apply for GC based on 3 years married rule