My I-140 was approved in 2006, priority date is 3/01/2006. But I do not know whether I should submit my Form 485 because I have ever been J-2.
We came from Europe to USA with J visa. In our visa), it says that “ Not subject to 2-year home country physical residence”. Then, based on this, I transferred from J2 toF1-to H1 in the USA
My hu*****and left for China in 2006 after finishing his project because he could not get waived from China. I am applying for waiver independently. I wish to submit 485 this time based on that “Not subject to 2-year home country physical residence” in my visa. but my lawyer says :
1. Every J1 holder from China is subject to 2 year rules even if I got the visa from Europe because immigration officer will say they made mistakes when issuing me the visa.
2. If I file 485 now, the immigration officer will interview me and my 485 will be probably denied because when submitting 485, I should get waived.
3. He says that in Oct, 2007, or at least 12/2007, the VB probably will be March 2006. That time I can file my 485 safely. (that time, I can get waived for my J2).
But this is a great chance for me when VB is current. I am afraid that after 10/2007, there is no VB available at all in at least 1 year after 10/2007. My daughter will be in High School this fall. She needs Green Card when applying for colleges here…..I do wish she could get GC in her 3rd year at high school.
If you were me, what you are going to do, file 485 or not? Any comments are highly appreciated.
Can i do this way: file 485 now and then submit the waiver later?
