J-2 and I-485?_

[Beacon Pc]

My wife was on J-2 and has been working on H-1 for last 3.5 yrs. I was on J-1 and did complete 3yrs in an underserved area to fulfil waiver requirement. My wife is applying for I-485 as EB-2 but lawyer feels that she should be with the same employer for 3yrs on H-1 before she can apply for I-485. She with the employer for 2.5 yrs now. Any comments?

 

[TSC-00]

No Title

There is no such rule that one has to be with the same employer for 3 years before applying I-485. Did your lawyer say any reason why you sould wait? If you have an approved I-140, then you can apply for I-485 without delay.