212(e) and EB1A eligibility

[SVT]

Hi,

 

My husband was on J1 visa doing his residency and fellowship for last 5 years. I was doing my postdoctoral fellowship for last 3 years on J2 EAD.

 

Since J1 was subject to 212(e), my husband is currently working in a medically underserved area to fulfill the waiver requirement (until June 2017). Through consular processing I received my H1-B and the visa is valid until June 2017.

 

My question is about my eligibility to apply for GC through EB1A. Since I’m too is subjected to 212(e), will I be eligible to apply now or should I wait until my husband completes the 3 year waiver requirement?

 

Thanks in advance,

SVT

[jairichi]

 

Hi,

 

My husband was on J1 visa doing his residency and fellowship for last 5 years. I was doing my postdoctoral fellowship for last 3 years on J2 EAD.

 

Since J1 was subject to 212(e), my husband is currently working in a medically underserved area to fulfill the waiver requirement (until June 2017). Through consular processing I received my H1-B and the visa is valid until June 2017.

 

My question is about my eligibility to apply for GC through EB1A. Since I’m too is subjected to 212(e), will I be eligible to apply now or should I wait until my husband completes the 3 year waiver requirement?

 

Thanks in advance,

SVT

 

There is a high possibility that your H1B was approved in error as one cannot move to H1B status without fulfilling 212(e) requirement. Talk to a good attorney first.

[SVT]

Please check the below link,

 

http://www.murthy.com/2013/04/30/change-of-status-restrictions-for-j-2-spouse/

 

Thanks,

SVT

[jairichi]

Please check the below link,

 

http://www.murthy.com/2013/04/30/change-of-status-restrictions-for-j-2-spouse/

 

Thanks,

SVT

Thanks for the link. Very informative. It means one can get a H1B petition filed under consular processing but can only enter with a valid H1B visa and  I797 after waiver is obtained. Thanks for correcting me.