J-2 and I-485?_

Beacon Pc

Registered Users (C)
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?
 
more details needed

Who is the primary applicant for Green card? If you are the primary applicant and you have finished the 3 year term, she gets GC at the same time as you. If she is the primary applicant, she can apply for GC anytime-now that you have finished the 3 year term. The only caveat to this scenario would be if she did enter into another J visa-independent of yours-to do research or residency. My advice to you is to consult another lawyer.
 
Hi Rajeev here are the details

My wife is the primary applicant and she has joined as an associate in a Primary Care Practice. She is working as an Internist for the practice for 2.5 yrs. Do you think she can apply as primary applicant. Her Labor Certification and I-140 has already been approved.
 
yes she can

if your wife was only on J-2 and never on J-1 then she can apply now (as u have already got your J-1 waiver). But she needs to stay with the same employer until GC and for a "reasonable period thereafter".
u can also email me at j1victim@yahoo.com
 
No Title

if you wife was never on a J-1 she does not have to wait for anything. if you do consular processing then you could have your GC within 6 months so make sure you explore that before filing I-485.
 
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