Help : H1 & J1 combination in CP

[Shradhalu]

I have a unique situation.
Me : H1 , 140 approved under EB2, Packet 3 sent to Mumbai, waiting for interview date.

My Wife : J1 ( Doing Residency )

Will her status on J1 create a problem for me in the interview ?
As she has to go through waiver, I could not include her on my appplication. What are other options ?

[SS20]

Her J-1 should not create any problems for you. As far as she is concerned she MAY be able to "follow - to -join" and get a GC based on your I-140 approval AFTER she has fulfilled her 2 years in India or 3 years of waiver but I am not sure as it will be some time before she completes either of that. You should check with a lawyer if that is possible. If indeed it is possible then I think you will need to include her OF 230 part1 in YOUR packet 3 .Else she can always apply through her employer once she gets a waiver job. Another likely possibility is that you would have become a citizen by the time she is done with residency + 3 years of waiver and then you can sponsor her as your spouse.

[mdave]

My wife is on JI (Medical -Residency), and I am on H-1B going through the CP process. I have received my case # from NVC and have also send my Packet III to Mumbai.

I want to know what is "follow-to-join" please explain?
Currently I have applied for myself only on the Packet III form. Is there any way to include my wife now and if so how? What will happen the the 2 years home requirement for J-1?

[mdave]

Can someone please help me with the question above, Please
Thanks

[musmd]

JI options

There is no way you can add your wife on your CP now. she will have to completet her residency on J1 and either get a waiver for her 2 year home residency requirement by doing a job in a underserved area in that cases she will get her independent H1B and then after 3 years on HIB you can file for her green card as your spouse. Other option is going back to india for 2 years and you can sponsor her as your spouse within that time. There are not many other options, the J1 home residency requirement can be only fulfilled as above.