GC throush wife

[docboston]

Hi guys,
My wifes presently on J2 and will change to H4 after i get my H1. Suppose she finds a hospital/practice willing to sponsor her for H1( shes Int Med) and she manages to get them to sponsor her for usual employement based GC via LC process. Can I use EAD based on her GC/i-140 approval after I am done with my 3 years in the HPSA? Does it make more sense for each of us to try for GC seprately? Any forseeable hitches in this process?
Thanx again

 

[hadron]

Yes, that is doable. Actually, if PERM works out or she finds a job in a state with short LC, you guys could have an approved I140 within a year or so.

Snags ? Probably not more than any stab at a GC.

 

[m_img]

If I140 is approved in a year, when would she be able to get GC? Isn't it after three years?

 

[hadron]

Good point, that J2 slipped by me.
Isn't she stuck with the same HRR as you ? You get an exemption from the ban on working in the US based on your waiver, I don't think this will get your wife authorized to get an H1b.

(If you can get a NIW pending, she could get an EAD based on that, send a PM to 'hashitoxicosis', I believe he pulled that.)

 

[J1victim]

J2 to H4 to GC ... when

Good point, that J2 slipped by me.
Isn't she stuck with the same HRR as you ? You get an exemption from the ban on working in the US based on your waiver, I don't think this will get your wife authorized to get an H1b.

.....My wifes presently on J2 and will change to H4 after i get my H1. Suppose she finds a hospital/practice willing to sponsor her for H1( shes Int Med) and she manages to get them to sponsor her for usual employement based GC via LC process. Can I use EAD based on her GC/i-140 approval after I am done with my 3 years in the HPSA? Does it make more sense for each of us to try for GC seprately? ....

clarifications:
1. once the principal J1 has a waiver and J2 spouse also gets a waiver >>>
when J2 is changing status after waiver, J2 can go on to H4 or H1. J2 does not necessarily has to go to H4 first and then h1. both steps (J2 to waiver and to H4/H1) can be done at same time.

to get on H1 from J2, the spouse needs
- a waiver letter for the principal J1 spouse
- an employer willing to sponsor H1

2. after changing status from J2 to H4/H1, this spouse is FREE to pursue a GC of his/her own and CAN FILE for permanent residence (e.g. I-485) BEFORE expiry of 3 years of waiver job by the principal J1 (now H1).
Look at Q 35 at pederson and freedman website on J1 physician FAQs:
http://www.usvisainfo.com/object/pdf/j1/j1faqs.pdf
.

 

[hadron]

Cool !

So, the OP would be able to get his GC through is wife then, possibly within a couple of weeks of the end of the waiver period.
This way, they can get two I140s pending and apply crosswise, belt and suspenders so to speak.

 

[docboston]

Thanx, J1victim/Hadron. Wish I had known this earlier as have already applied for wifes H4 instead of H1. Would probaly have been better if she already had a Job lined up for H1. Anyway, others will probably benifit from this.
If she now applys for H1 after being on H1, will she be subject to the H1 cap?

 

[hadron]

> If she now applys for H1 after being on H1, will
> she be subject to the H1 cap?

Good question. Through S3032 the waiver position is specifically exempt, but your wife ?

If she can find a position with a university or a university teaching hospital she could claim exemption. (don't know how non-profit entities count.)

 

[youry]

applys for H1 after being on H1, will she be subject to the H1 cap?

the Kurzban's Immigration Law Sourcebook says at page 506
"other categories that cannot be counted in the cap include:
1.
2.
3.
4. Spouse and children of H1B "

 

[hadron]

Yeah, but that means H4s. Unless it says something else, I don't think they mean independent H1bs for spouses of H1bs.

 

[J1victim]

H4 to h1 ... will cap count?

Yeah, but that means H4s. Unless it says something else, I don't think they mean independent H1bs for spouses of H1bs.

yes, H4 to H1 comes under the cap (if there are no exemptions)