Q: My wife is on H4 visa. If she transfers to a J1 visa, will she become ineligible for the AOS to green card during I-485?
Hi,
I am an H1B holder and my wife is a H4 holder currently. My employer has started processing my green card application which is at the PWD step(filed in May this year). So if everything goes well, given the current timeline, the I-140 will be processed(with Premium Processing) by the end of next year hopefully. Now, my wife is applying for a medical residency position(either J1 or H1B) this year(if accepted will start from July 1st next year). Now my questions are:
1. If my wife takes a residency position on J1 visa, then will she get kicked out of my green card application(during I-485 AOS)?
2. If she is in J1 visa, and if her J1 visa is not extended in the following year, can she switch back to H4? Or will she have to go back to her home country to meet the 2 years home residency requirement? Is there a waiver she can get then?
3. Finally, assuming that I get the green card in about 2-3 years, can I sponsor my wife for a green card immediately then?
Thanks!
A:
1. Wife needs to get approved for a J1 waiver before she will be approved for I-485
2. Even if she switches to H4, she still needs to fulfill the 2 yr home residency requirement or get approved for a J1 waiver before she will be granted LPR status
3. You can sponsor your wife for a green card but she needs to fulfill the 2 yr home residency requirement or get approved for a J1 waiver before she will be approved for an immigrant visa
Schedule a private consultation with an immigration attorney
A:
1. If your wife switches to a J1 visa, she may become subject to the two-year home residency requirement, which could affect her eligibility for Adjustment of Status (I-485) based on your green card application. Consult with an immigration attorney to explore potential waiver options if she becomes subject to this requirement.
2. If your wife is on a J1 visa and becomes subject to the two-year home residency requirement, she may not be able to switch back to an H4 visa without fulfilling the requirement or obtaining a waiver.
3. Once you obtain your green card, you can sponsor your wife for her green card, but any potential issues related to the J1 visa and the two-year home residency requirement should be addressed with the guidance of an immigration attorney to navigate the process effectively.
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