planning for a green card with self on H1B and wife on J1 FMG

raj73

New Member
Hi,
I am a new poster, so please forgive any inadvertent forum rules transgressions. I looked through some forum threads and the FAQ, but did not find an answer to my particular question, so here goes...

I am an Indian citizen on an H1B, and my company is about to file for my greencard under EB1-EA. My wife is an Indian citizen on a J1 FMG, so is subject to the 2 yr HRR. We have been married for 2 yrs.

She expects to get a J1 waiver job when she is done with her residency - either 15 or 27 months from now (depending on whether she does a fellowship or not).

Assuming that she does get a waiver, and also assuming that my greencard comes through before she gets onto an H1, what are my options for adding her to my greencard, after the fact ?

Since she has been my wife all through this period, does that mean that she qualifies under the "following to join" clause ? That is, she doesnt have to wait for 5+ years to get her greencard too ?

Any input is appreciated.

Thanks,
Raj
 
depends on what kind of waiver she gets. If she gets a "waiver job", she has to complete 3 years of it before she can get the green card, which makes it 5 yrs away for her anyway.

I am not sure of the following to join rules, sorry

if she gets a job, she can either use employment based I-140 with CP, which could get her a GC in about 4 yrs in to her job OR she can do EB2-NIW for physicians in underserved areas , which ensures greencard after 5 yrs of the waiver job.

The last option (EB2-NIW) will be your saviour, if your EB1-EA is denied for some reason , as it will allow her to apply for adjustment (for you and her) from the very beginning of her waiver job.
 
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