When doctor on J1 Waiver program can file for green card?

[b911 16]

Hello,

 

My friend is a doctor who is currently serving 3rd year of J1 Waiver's 3-years work requirement. Does he have to wait for 3 years contract to complete before filing i-485? or he can already file now?

 

I researched a lot on Google. Some sites say, can file for i-485 once the waiver is approved - which I believe is when he started 3 years contract?

Some sites, including USCIC, say have to wait until 3 years are complete - https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/conrad-30-waiver-program

In "After DOS makes a recommendation" section

Once the Conrad 30 waiver recipient has fulfilled all terms and conditions imposed on the waiver, including the 3-year period of employment with the health care facility under their approved contract, they (and their spouse and/or child) will become eligible to apply for:

• An immigrant visa
• Adjustment of status
• An H or L nonimmigrant visa

 

In case if he has to wait to complete 3 years, then what's his status in USA after 3 years waiver contract ends?

 

Thank you in advance.

[Boiler 45,411]

Who is sponsoring him?

[b911 16]

12 minutes ago, Boiler said:

Who is sponsoring him?

After residency, he was hired by some hospital on 3 years contract and that was his J1 waiver. I believe program name is called "Conrad 30". Will he need a sponsor when filing i-485? Can't show his own salary? Though technically he will be out of work once 3 years contract ends and until he gets AED.

 

[Boiler 45,411]

Is the Hospital sponsoring him for a GC?

[b911 16]

11 minutes ago, Boiler said:

Is the Hospital sponsoring him for a GC?

So after completing the waiver, he still needs a hospital to sponsor him a green card?

 

Other route is to use his wife (US Citizen), but she doesn't work. They file tax together, but as he will be out of work after contract ends and until AED comes, I guess he can't use their tax returns / salary. Will need co-sponsor then?

Edited December 6, 2021 by b911

[Boiler 45,411]

Begs the question why she has not filed for him.

 

Yes they can use a co sponsor.

[b911 16]

10 minutes ago, Boiler said:

Begs the question why she has not filed for him.

 

Yes they can use a co sponsor.

Yes, it's complicated case. If on J1, can't get green card through marriage until finishing the Waiver or staying out of country for 2 years after residency program ends. My main question was whether have to wait till 3 years contract ends or can start filing from now.

 

I guess best to go with info on official website which is waiting till 3 year contract ends.

 

Edited December 6, 2021 by b911

[arken 4,197]

1 hour ago, b911 said:

including USCIC, say have to wait until 3 years are complete - https://www.uscis.gov/working-in-the-united-states/students-and-exchange-visitors/conrad-30-waiver-program

In "After DOS makes a recommendation" section

Once the Conrad 30 waiver recipient has fulfilled all terms and conditions imposed on the waiver, including the 3-year period of employment with the health care facility under their approved contract, they (and their spouse and/or child) will become eligible to apply for:

• An immigrant visa
• Adjustment of status
• An H or L nonimmigrant visa

Go with what uscis says. Only when 3 year employment per waiver requirement is completed.

 

 

[Boiler 45,411]

Did he look at a waiver following his marriage?

[Coco8 1,042]

1. He can adjust to a green card once the 3 years are over. He cannot do it before. Yes, the waiver is Conrad 30 program.

 

2. He should do AOS through marriage. He is already married to a US citizen. It's the easier thing. It doesn't matter that she does not work. He can get a financial sponsor, who can be a friend or family member.

[b911 16]

Thank you everyone for clearing the confusion. Appreciate your time.