I'm in tech, currently working for a large reputable tech company while my wife is a physician going through a fellowship training on a J1 visa, in which she'll be done by Summer 2021. To get her green card after training, she'll have to choose between: 1. move back to her home country Jordan and work there for 2 years (requirement) 2. move to an underserved area in the US and work there for 3 years (via H1B Visa) For me, my career requires a lot of collaboration with stakeholders and managing team members... I've been featured on the news, various publications, and having an in-office experience is aligned with my career growth. However, most prominent tech companies are based out of larger US cities -- which doesn't seem like an option for her. Ideally, I'd want her to get the green card and have us both work in a larger city. Is anyone going through a similar scenario, or know anyone who has had success around this?
She can apply for a green card while she’s in America and she’ll be allowed to stay while the application is being processed even after the visa expires as long the application was received before the expiration. I don’t understand why you think she needs a H1B or leave first?
Start J1 waiver process. Her home country needs to approve it
Add onto this j1 waiver is rarely denied. OP this option is likely your best bet.
Find an immigration lawyer?
We started speaking to an immigration lawyer to file hardships, though We've heard from 2 other individuals who've gone down that route that their claims were rejected (during Trump administration). In all fairness, they may not have experienced the same circumstances that we're in so I can't fully compare apples to apples, which is why I'm resorting to posting on this community to see if others have gone through a more recent experience with success -- which I haven't heard so far.
Different J1 programs have different requirements. Some might have loop holes so find a lawyer to get help. While I understand and feel your pain, it's unfair for the J1 sponsor to lose her expected service. Perhaps you can find a way to negotiate with them to pay back their training cost, making the waiver process easier.
Get better lawyers. Recommend checking out OgletreeDeakins.
There must be an undeserved area remotely close to your location. Im assuming underserved can also just mean more rural location, maybe couple hours away? If needs be, she rent a cheap apartment. You go there on weekends, she come home on days off?
Wait what! This is news to me, I thought marrying a US citizen trumps all other rules and gets you a greencard
I was on a J-1 once and had the 2-year rule waived from the beginning. I heard from people that were able to waive the rule; definitely needs a good lawyer. Best of luck!
Uh!!..what? I thought GC for folks married to a citizen is a cake-walk.
Thought so too! But, getting married to someone on J1 doesn't waive requirements :(