I 130 approved, doing a J1 Waiver

[amar_md]

Hi,
I am currently doing my 2nd yr J1 waiver. My wife is a PR and filed an 130 IN 2/02. It was approved on 7/22/05. Since I have moved to California, my petition will be trasferred to California service center.

Any idea how long is it going to take before I get a GC?
Do I have to file any other forms ?
I will fulfill my 3 yr waiver in 7/07 ? What proof does the INS need of this ?

My wife is also expecting to be naturalized next yr ? Does she file 485 then. I had read on these forums that 485 can be filed as soon as the I 130 is approved.

Thanks for your input

 

[hadron]

Once your wife is naturalized, she can 'update' the I130 to family priority 1 (direct relative of citizen). That way you are 'current' and able to file form I485 the day your 3 year committment is up. Otherwise, you will have to stay on H1b for whatever job you do until your now approved I130 is 'current'.

No matter what, you will have to wait until your 3 years are up. I believe you need proof that A. You were in H1b status the entire time B. You worked 'full-time' (which you proove by a letter from your employer).

The I485 processing manual has a particular step were they check whether the applicant has a J1 committment and whether it has been fulfilled. So, don't think you can just file I485 before the 3 year mark. Chances are, you would get away with it, but if they catch up with it your entire waiver might be void and you have to start over again.

 

[amar_md]

thanks hadron

thanks !

I am planning to fulfill my 2 yr commitment.
My previous employer shut down his clinic without giving me a notice and I had to get a new job and a new h1b. There was a gap of about 2 weeks between the the filing for 2nd H1b

Can this affect me adversly during the change of status process ?

How can my wife update I 130 ?

thanks again

 

[hadron]

It is a 3 year committment, I assume this was a typo.

> Can this affect me adversly during the change of status process ?

Short gaps of this sort don't have to be a problem. Talk to a reputable immigration attorney about this.

> How can my wife update I 130 ?

Again, I don't know the details of how that is done, as it is a very common scenario any attorney would be able to tell you that. It is either something along the line of 'petition for action on an approved petition' or a rather informal cover letter (in-re your receipt #) with a copy of her naturalization document.
Check in the family immigration forums here. This is an entire microcosmos in and by itself.