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Need J1 stamp while spouse getting GC?

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  • Need J1 stamp while spouse getting GC?

    omegle discord xenderHello everyone, I am a J1 resident Physician with 2 year home country RR. To finish my program, I will need to update J1 papers next year (mid 2020) for the last year of residency.

    My husband is in H1B and applied for GC form I-140 and I-485. In his Form I-140 for "if spouse applying for change of status" he put a "No". This is to make sure I am not intending immigration while I will ask for J1 renewal for another year. His I-140 is approved and I-485 is pending.

    Now for a family emergency, I really need to visit my home country and eventually face for J1 visa stamp. Now I am afraid that the visa officer might think intention conflict for a J1 as my husband is in H1B and getting his green card? Any experience/comment here please..
    Last edited by BeckettColt; 03-21-2020, 01:40 AM.

  • #2
    Yes, a J-1 visa holder is eligible for a green card.
    To obtain a green card, the alien must first file a petition I-140 with the USCIS. ... If the alien resides in the U.S., they should use an AOS application. If the alien lives in a foreign country, they need to apply for an immigrant visa.

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