My husband is a Canadian neurology resident on J1 visa. He is planning to apply for a job that sponsers J waiver. I am faculty at Harvard currently on J2 visa working with work permit and plan to apply for green card based on NIW. if my green card petition gets approved, and my husband receives a J waiver, can I apply for the change of status and receive my green card?
You will need a waiver too, and you should be able to get one with your husband. You can't get one, though, until he completes his five years in a medically underserved area, if that is his basis for a waiver.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You yourself will need to apply for your own waiver, the same way as your husband and it should be approved to you as well.
Kindly note, however, that neither you nor husband can apply for any waiver until such time as he completes his 5 years "service" in a "medically undeserved area" (mostly in either Appalachia or the South..), given that this is normally the basis for requesting a Waiver by Doctors.
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