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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Postdoctoral fellow

Hi,
I am working as postdoctoral fellow at Upenn on J1 visa and my husband is on J2 (works based on his J2-EAD).This is our second year in J1 and dont have waiver for the same. My University extends my J1 every year and so is my husband EAD gets extended. I want to file formy Green card and so will apply for i140. Once it is approved i am planning to apply for waiver and then GC. My question are:
1.How long it takes fir i140 approval in EB1 and EB2 catogery?
2. Since once I apply for waiver, i cannot extend my J1 and J2. So on what status will i be till i get my GC? Am i eligible to stay on my Postdoc in the same lab as After waiver application I cannot extend my J1?
3. How can my husband continue to work since he wont be eligible for EAD application based on J2 and his job is very essential for my family living.
Please suggest us the ways and prcocess so that I can get my GC in time without either of us loosing our jobs.
Thank you.

One Response to Postdoctoral fellow

  • Tigran Kalaydzhyan says:

    Hi Natasha,

    1. Current processing times for I-140 are 4-6 months (EB1A/EB2-NIW) without premium processing and 15 days (EB1A) with premium processing. This, of course, does not take into account delays due to possible requests for evidence. See the link below for the source,
    https://egov.uscis.gov/processing-times/

    2. If you file form I-485 (adjustment of status) and your J1 expires after that, then your status becomes “AOS pending” and you can stay in the country legally and can work if your filed for EAD and it got approved. If your J1 expires after your filed I-140 and before your filed I-485, then you have to either get a dual intent visa (such as H1B) or leave the country within 30 days.

    3. The same applies to your husband. If his J2 expires before he files I-485 together with EAD form I-765 and the EAD application is approved, he won’t be able to work in the U.S. Please keep in mind that consideration of I-765 currently takes several months.

    If you have any further questions, you are welcome to ask them in this thread. If this is the case, please also let me know your country of birth, since this changes the timing of various procedures.

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