Risk in Wife going on J1

[gargpiy]

I am currently on H1B and my wife is on H4. My GC application is in regional LC stage - probably will be approved in next 6-8 months. Once LC approved, will be applying for 1-140 and 1-485 concurrently for both of us.

My wife is planning to apply for Medical residency by end of this year (2005). In case, I haven't got GC approved or won't have EAD, I believe she has to go for J1 visa.

1. What are her chances for getting the J1 waiver once GC is approved?
2. In case, by the end of the year (2005) if the LC is not approved, can I get her name added in application for I-140 and I-485 while she is on J1?
3. When should the J1 be applied in case she will be joining residency program in may-june 2006?

Please provide advise. Thanks

 

[LucyMO]

2. In case, by the end of the year (2005) if the LC is not approved, can I get her name added in application for I-140 and I-485 while she is on J1?


If she has HRR, you cannot even apply for her AOS, until she gets a waiver.

 

[knowDOL]

I had one question in similar lines. My husband is on H4 and he may get a J1 position in the match this year. If so, can he continue his residency only for 1 year and then join another program on H1 or EAD next year? Is it allowed?

 

[LucyMO]

if he is subject to HRR based on his J-1, he cannot get H1 or H4 visas nor can he change his status.