My wife was on J-2 and has been working for an employer for 2.5 yrs on H-1. She been on H-1 for total of 3.5 yrs. I did my 3yrs in an medically underserved area already. Now our lawyer is saying that she should be with the same employer for 3yrs on H-1 before she can file for AOS. Is there a new rule which I am not aware of?