J1-Waive on I-485

[shustrik]

I am doing second year of medical residency on H1B visa. My 6 year period (4.5 years on H4 and 1.5 years on H1B) is going to end by the end of April 2006. I still need 1.5 years to finish my medical training. My husband?s LC stuck in Philadelphia Backlog with PD March 2003/RIR;EB3/, there is also retrogression April 2001. I would like to know what options do I have:
-If I process a J-1 visa for 1.5 years, when I finish my residency I should do a J-1waiver if at that time my husband will receive his I-140, will he be able to include me also in his case during waiver?
-Can I waive on his I-485 instead of processing H-1B visa during waiver?
I already consumed my 6 years on H status, so as I understand I cannot waive on H1-B.

 

[hadron]

> If I process a J-1 visa for 1.5 years, when I finish my residency I should
> do a J-1waiver if at that time my husband will receive his I-140, will he
> be able to include me also in his case during waiver?

No.
(you can be on his I140 and once you have served out your 3 years on H1b in a waiver position you can file a follow-to-join case. but you can't file until that point.)

> Can I waive on his I-485 instead of processing H-1B visa during waiver?

Once you had a J1, they check before they approve any I485 for you whether you served 3 years on your waiver job IN H1B STATUS. If you didn't maintain H1b status for the full 3 years, you have to start over again.