Need advice

[brigand]

I am a non-medico and I have recently received my GC. My wife is a doctor currently serving in HPSA area on a H-1b with J-1 waiver. What are her options?

1. Should we ask her employer to file for LC immediately?
2. Can she get a dependent EAD after her J-1 Waiver gets done
3. What other options does she have?

Thanks in advance.

 

[J1victim]

j1 waiver and spouse on GC

I am a non-medico and I have recently received my GC. My wife is a doctor currently serving in HPSA area on a H-1b with J-1 waiver. What are her options?.

1. Should we ask her employer to file for LC immediately?
can be a possibility. it takes about 3 years

2. Can she get a dependent EAD after her J-1 Waiver gets done.
Yes. in fact better option than 1 above.
BUT, it will work out better if you were married BEFORE you got your GC. in that case, she will be able to retain your priority date for GC. you will use "Follow to join" process of USCIS.

3. What other options does she have?

file for her GC via:
a. NIW based petiton for serving 5 years in HPSA/MUA/VA/ARC/DRA (EB2)
b. NIW based petition for excellent researcher (EB1 category)
c. employment (Labor) based petition and consulate processing > she would be able to get GC in 3 years and 1 month of start of waiver job.
d. employment (Labor) based petition and I-485 > she would get GC in 5 years of start of waiver job.
e. political asylum
f. family based category of sponsorship
g. DV lottery

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disclaimer: my personal opinion only.

 

[brigand]

Thanks J1victim

We were married prior to getting GC. I was unable to apply for her I-485/140 since she had the J-1 Home rule req at that time.

She now has a job at a HPSA area. She wanted to know whether she is better off filing LC thru employer or wait for another 2 years (1 year of waiver is complete) and then apply based on my GC.

Could you please let me know how much longer would it take in either case.

Your advice is much appreciated.

 

[Aibolit]

If she wants to apply based on your GC, she does not need to wait for 2 years. Given long wait periods for adjudication of I485 she can apply while still doing waiver job. The I-485 will not be adjudicated until waiver committment is complete, but can be applied for. Advantage of this route is such that she will have no committment to stay with current employer for any time after becoming a GC holder. Obviously, she'll have to stay married to you

Going via LC route will probably take longer, as she'll have to have LC approved first (may take 2 years or more), followed by another 1.5-2 years of I-140/I-485 process, followed by some time committment to the sponsoring employer (unless utilizing AC21).

 

[brigand]

If she wants to apply based on your GC, ..... Obviously, she'll have to stay married to you

..thats a serious problem right there!!