When to file I-485 for family based

[care_candidate]

I was in doing medical residency with J-1 visa with 2 year home residency rule. After finishing residency, rather than going back to home country, I opted for working in undeserved area using conrad-30 program with H1b visa. I am just in first year of those 2 years and see that PD is current for me.

I have applied for I-130 just few days ago and my PD has become current.

Can I apply for I-485 now?

[pontevecchio]

You have to finish the 2 years in that underserved area before you are eligible to apply for AOS.

[newacct]

You should not have been able to get H1b if your 2-year home residency requirement has not been satisfied or waived.

[pontevecchio]

Sorry. The waiver by working in an underserved area can only be in H1 and AOS is not permitted until the waiver H1 period is completed.

[care_candidate]

14 hours ago, pontevecchio said:

Sorry. The waiver by working in an underserved area can only be in H1 and AOS is not permitted until the waiver H1 period is completed.

@pontevecchio this is new information to me about connection between H1 expiry and AOS application. The fact is that even there was 2-year rule, my medical facility signed 3- year contract with me and applied for 3-year H1. So somehow it went from two to three years.

Can you please share source of your information? I am interested in knowing more.