Help regarding J1, H1-B and green card issues
 

Hello,

This is my first post here, so just wanted to start by saying thanks for a great resource.

Ok, now over to why I'm posting. My self and my wife are British Expats living in Boston, MA. I'm working on a J1 visa at Boston University, which is due to expire at the end of August 2009. My wife is working for a private company on an H1-B visa, her visa will need to be renewed next year.

We are thinking we would like to stay in Boston beyond the end of my contract at BU, and also I would like to venture into the real world, i.e., not work at a University anymore. We've only just become aware of the H1-B lottery: my understanding is that I'd have around a 50% chance of success, I have an advanced degree, but not from a US university.

With this in mind, my wife has spoken to her company about them sponsoring her for a green card, and the intention is that my name would be on the application as well.

This gives rise to many questions and complications though:

1. As I understand it, as soon as we submit our petition, my J1 visa is invalid since I am showing intent to remain permanently. I would not be allowed to leave and re-enter the US until Advance Parol was granted. Am I still able to work at the University during this time, or do I have to wait until EAD is granted?

2. My DS-2019 forms do not have the 2 year residency requirement box checked. Is there any reason to fear that the 2 year residency requirement will affect me in any way (when I finish my contract at BU, I will have completed 4 years on a J1)?

3. An alternative to applying for the green card now is to wait until my J1 expires, go back to the UK, come back on an H4, then submit the petition. However, the problem with this approach is that I will be out of work until EAD is granted. Is this in any way a safer option, since H4 is dual intent?

4. I know of course every case is different, but what is the typical experience for how long it takes EAD and AP to be granted from the initial petition?

5. While a green card petition is being processed, one has the option to maintain H1-B status in case the application is denied. Am I correct in thinking, that if I were to work after EAD is granted, or use AP, then my wife's H1-B is effectively cancelled regardless?

Thanks for your time, and I appreciate any help you can us,

Mike.

Re: Help regarding J1, H1-B and green card issues
 

1 -- check your assumptions. That doesn't sounds quite right to me.

2 -- Check also the face of your visa and your I-94; I've read stories where only one document was marked. This could save you an awkward delay.

4 -- if EAD + AP are applied for with I-485, expect AP within a couple of months and EAD in about 90 days. The key is to find out how long until she cal apply with I-485.

5 -- I don't think that *you* working on EAD invalidates your wife's H-1B. If she did so, yes. Double check, obviously, but I think I see fewer problems than you do. :)

Re: Help regarding J1, H1-B and green card issues
 

Yes, this is important and is one issue you may have overlooked. You need to find out which employment based category her green card application will be based on. If it is EB2 or EB3, the first step is labor certification. The date this is approved will be her priority date. She can only file I-485 if the priority date is current according to the visa bulletin.

http://travel.state.gov/visa/frvi/bu...etin_4252.html

So, for July's bulletin EB2 is no problem, but EB3 is unavailable and is likely to remain that was until at least the start of the new fiscal year in October.