I am doing second year of medical residency on H1B visa. My 6 year period (4.5 years on H4 and 1.5 years on H1B) is going to end by the end of April 2006. I still need 1.5 years to finish my medical training. My husband?s LC stuck in Philadelphia Backlog with PD March 2003/RIR;EB3/, there is also retrogression April 2001. I would like to know what options do I have:
1. If I process a J-1 visa for 1.5 years, when I finish my residency I should do a J-1waiver. If at that time my husband will receive his I-140, will he be able to include me also in his case during waiver?
Can I waive on his I-485 instead of processing H-1B visa during waiver?
I already consumed my 6 years on H status, so as I understand I cannot waive on H1-B.
2. Second option: once my H1B visa will be expired I?ll interrupt my medical residency,go to my country for 1 year and then come back and continue my training on a new H-1B visa. And if by that time my husband will file I-485, can I file with him, or should I process separate H1B for internist position and start EB 2case.
a) In this case if during a 1 year stay in my country my husband?s LC will be approved and he file I-140 is it possible that the Embassy in my country deny my H1-B visa because my husband applied for immigration, i.e. filed I-140? (immigration intent)
b) And as I red, there is a project to process H1B visas for 2 years without possibility of an adjustment of status, is there a possibility that they are going to implement this law and stop to process current H1B visas next year?
Please advise what other options do I have?
Thanks in advance
1. If I process a J-1 visa for 1.5 years, when I finish my residency I should do a J-1waiver. If at that time my husband will receive his I-140, will he be able to include me also in his case during waiver?
Can I waive on his I-485 instead of processing H-1B visa during waiver?
I already consumed my 6 years on H status, so as I understand I cannot waive on H1-B.
2. Second option: once my H1B visa will be expired I?ll interrupt my medical residency,go to my country for 1 year and then come back and continue my training on a new H-1B visa. And if by that time my husband will file I-485, can I file with him, or should I process separate H1B for internist position and start EB 2case.
a) In this case if during a 1 year stay in my country my husband?s LC will be approved and he file I-140 is it possible that the Embassy in my country deny my H1-B visa because my husband applied for immigration, i.e. filed I-140? (immigration intent)
b) And as I red, there is a project to process H1B visas for 2 years without possibility of an adjustment of status, is there a possibility that they are going to implement this law and stop to process current H1B visas next year?
Please advise what other options do I have?
Thanks in advance
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