J-1 waiver approved while I-485 AoS (F2A category) still pending

merchari

New Member
Hi all,

I'm a physician in the US in a very difficult situation. Two years ago, I had to apply for Adjustment of Status (AOS) through F2A (family-based second preference) before starting my fellowship to use the EAD and my J-1 visa waiver was still pending with the Department of State (DoS).

To fulfill my fellowship requirements, I had no choice but to utilize the Employment Authorization Document (EAD) while the waiver was pending and 6 months later the J-1 waiver was fully approved (which is now 1 year after AoS was submitted).

However, my priority date isn't current, and there haven't been any Requests for Evidence (RFEs) for medical records or the J-1 waiver, and there hasn't been an interview scheduled naturally.

I'm extremely worried about rejection due to filing for AOS before the J-1 waiver approval. This anxiety is heightened by the upcoming potential change presidency, which could further complicate things.

Desperate for Advice:

- Has anyone faced AOS application rejection for this exact scenario (filing before J-1 waiver approval)?
- Are there any "Plan B" options I should consider in case of rejection or the only choice is leave the US? I'm contemplating going to Canada to potentially expedite an H-1B appointment, as my hospital sponsors non-exempt cap H-1B visas, but I'm unsure if that's even feasible.

Any insights or advice would be hugely appreciated.
My future in the US feels very uncertain right now after living here for 10 years.
 
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