J1 to EAD

[paam0101]

If everything goes well, my wife (she is on H4 right now) will be appearing for the matching process in 2009. I am in employment based EB2 category and my I-140 is approved but waiting to file I-485.

My question is realted to J1 transfer to GC
e.g.
If I don't get my I-485 filed by 2009 (since its retrogated) and if my wife gets a J1 for time being and she joins residency and in the mean time I am eligible to apply for I-485, can she get her green card too?? or once she transfers to J1 she can not even apply I-485 until the J1 expires.

Also do you suggest to wait to apply for matching process unltil we apply for her I-485 and EAD? My I-140 is December 2006 and looks like in EB2 the current date is April 04. Not sure how many years will it take for us to become eligible??

Thank you!!

 

[ferdie]

If she takes a separate J1 then she will be subject to 2 yr requirement and will have to find a separate waiver at the end of her residency. ( before she is eligible for green card as ur dependent)
If she can get a H1B for her residency then she can get her green card/ work permit as soon as u are eligible.

 

[lostlamb]

Physicians and residents,

Stuck in retrogression, processing delays?

If you're interested in a special interest group, please visit Immigration Voice where a few physicians and residents are in the process of forming a think-tank

Visit http://immigrationvoice.org/forum/showthread.php?t=4817
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Thanking immigrationportal.com in advance for being able to communicate this message.