I-140 and spouse travel restrictions


skv198

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Hi, I am currently working on a J-2 visa with EAD (valid until Oct 2018) and my wife working on J-1 visa (valid until Oct 2018) , for different companies.

Both of us do NOT have the 2 year home residency requirement.

We both got our H-1B visas approved under consular notification. 

Additionally, my perm got approved and my company is ready to file my I-140 petition (need to file the petition before May 5, 2018 before it expires) 

(My priority date is NOT current)

I plan to travel to India  along with my family in April, and while I plan to get my H-1B visa stamped before returning to the US, my wife plans to stay in her current J-1 visa status until October. My company says they will hold off on filing the I-140 until we come back from our India trip, because my wife may be denied re-entry into US if she returns on J-1 if my I-140 petition is already filed (my family details are included in the I-140 petition too). 

I am worried about holding off filing the petition because that would leave a very short window after my return to the US and the petition needs to be filed before May 5. (any delay in return would worsen the situation).

Can I get some advice on this please ? Is is safe for my wife to return on J-1 when my I-140 petition is filed ?

Thanks.

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