J-1 waiver filling for I-485

[Aibolit]

Your best bet is doing consular processing. Much faster and more predictable. More expensive due to travel though (but think about years of being underpaid in HPSA).

That's what I did, and couldn't be happier

[Dino]

I am a physician who came on J-1 visa. Currently I am on H1b status doing my third year of J-1 waiver in underserved area. I have had I-140 approved (labor certificate based, not NIW) and I filled for I-485 with TSC in September of 2002. I was told that I could file
I-485 before completing my J-1 waiver requirement (being 3 years on H1b status in underserved area). A few weeks ago I learned that INS started to implement a new policy and for the last 6 months they are refusing I-485 if it has been filled before completing 3 year in H1B status. My question: Is this true? How can the rule be changed in the middle of processing? They accepted I-485 application (in September of 2002) and after 3+ years of waiting for I-485 how can they refuse the application, long after finishing waiver requirement? Please, kindly advise what are my options. Thanks.

[Dino]

I am a physician who came on J-1 visa. Currently I am on H1b status doing my third year of J-1 waiver in underserved area. I have had I-140 approved (labor certificate based, not NIW) and I filled for I-485 with TSC in September of 2002. I was told that I could file
I-485 before completing my J-1 waiver requirement (being 3 years on H1b status in underserved area). A few weeks ago I learned that INS started to implement a new policy and for the last 6 months they are refusing I-485 if it has been filled before completing 3 year in H1B status. My question: Is this true? How can the rule be changed in the middle of processing? They accepted I-485 application (in September of 2002) and after 3+ years of waiting for I-485 how can they refuse the application, long after finishing waiver requirement? Please, kindly advise what are my options. Thanks.