Am I eligible to apply for I-130 ?

[care_candidate]

I posted this question in incorrect forum before; Please try to answer here.

 

I want to start Green card process based on my spouse's Green card.

Currently I am Doctor on H1B visa. I had J-1 visa prior with 2 year home residency rule. Currently I am just six month into that 2-year rule.

Am I eligible to apply for I-130 or I have to wait till I finish 2 years?

[newacct]

Your spouse can file I-130 to petition you at any time, but you will not be able to actually get the immigrant visa until your 2-year home residency rule is satisfied or waived. (Also note that if you married before your spouse got their green card you may be able to immigrate as a derivative beneficiary without being petitioned.)

You shouldn't have been able to get H1b status if you haven't satisfied or waived your 2-year home residency requirement.

Also note that any time you spend in the US (or any other country besides your home country) will obviously not count towards the cumulative 2 years you need to be present in your home country.