SVT Posted March 3, 2015 Report Share Posted March 3, 2015 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 Link to comment
jairichi Posted March 3, 2015 Report Share Posted March 3, 2015 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. Link to comment
SVT Posted March 4, 2015 Author Report Share Posted March 4, 2015 Please check the below link, http://www.murthy.com/2013/04/30/change-of-status-restrictions-for-j-2-spouse/ Thanks, SVT Link to comment
jairichi Posted March 4, 2015 Report Share Posted March 4, 2015 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. Link to comment
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