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Nabeel_bioinfo

Impact of approved I-140 on spouse's J-1 application

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Hi guys, 

I am requesting advice on a hypothetical situation to decide my strategy of GC process.  

Indian citizenship (and birth as well)  and currently on O-1 and planning to apply for EB-2(NIW) and/or EB-1 soon. I plan on filing I-140 and hopefully will be approved in a few months (or weeks if premium processing opens). 

The tricky situation is that my spouse will most likely enroll in medical residency program in 2021 and they will be sponsoring a J-1 visa that requires a return to home country for min. 2 years (will work on waivers etc, after completion of program).

My question is whether an approved I-140 petition of mine can lead to denial of J-1 for my spouse?  Will my spouse being listed as a dependent on my I-140 demonstrate her immigration intent as well that can deny her the non-immigrant J-1 visa? For example, when she applies for J-1 visa stamping, will she have to say 'Yes' to the question of 'Has anyone ever filed an immigrant petition on your behalf with the USCIS'?

 

  

 

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You filed an Immigration Petition. She did not. In theory, her J1 should not be an issue. Hundreds of residents have used their initiative to hook up with programs that let you use H1. That could be a possibility. On the other hand, staying away for 2 years could also work.

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