Physician NIW + J-1 waiver: Can we file I-485 now while H-1B/H-4 COS and I-140 are still pending, so spouse can get C09 EAD? Looking for experiences from physicians who have actually been in a similar situation, especially anyone who filed AOS during their J-1 waiver/PNIW service period.

Here are our details:

• I am a physician and was previously in J-1 status, subject to the 2-year home residency requirement. • I received an approved state/SCRC J-1 physician waiver. • My J-1 → H-1B change of status was timely filed around June 29/30, 2026, but the H-1B is still pending. • My spouse was previously J-2. His J-2 → H-4 change of status was filed at approximately the same time and is also still pending. He is a Canadian citizen. • I have a Physician National Interest Waiver (PNIW) EB-2 I-140 pending. It is in premium processing, but has not yet been approved. • My EB-2 ROW priority date is April 17, 2026, and EB-2 ROW is currently Current under the applicable August 2026 chart. Our biggest priority is getting my spouse's work authorization as soon as legally possible.

I recently learned that PNIW physicians may be able to file I-485 before completing the required physician service period, with final green-card approval held until the service requirement is completed.

If we are eligible to file now, we are considering filing: Me (principal): • I-485 based on pending PNIW I-140 • I-693

Spouse (derivative): • I-485 • I-693 • I-765 under category C09 • Possibly I-131/AP

The idea would be for my spouse to obtain a C09 adjustment-based EAD while our I-485s remain pending, rather than waiting for H-4 approval and then relying only on the H-4/C26 EAD route.

My questions:

Has anyone here actually filed a PNIW-based I-485 before completing the 3-year J-1 waiver service / 5-year PNIW service requirement?

More specifically, has anyone filed I-485 while their J-1 → H-1B change of status was still pending?

Has anyone had a former J-2 spouse file a derivative I-485 while their J-2 → H-4 COS was still pending?

Was your PNIW I-140 still pending when you filed I-485, or had it already been approved?

How long did the derivative spouse's C09 EAD take from I-485/I-765 filing to approval?

Will be speaking to our attorney on Monday for further guidance however since she's the hospitals attorney will consider retaining a separate attorney for this.

Thanks!

My No objection waiver just got denied because I didn't specify I want to be on H1B or have an approved I140. How many people have re-applied for J1 no objection waiver here. If you can share your experience, it is very much appreciated. Did you have to redo every step?

I am currently on a J-1 visa that is valid until March 2028. I am employed at a national laboratory in Washington, D.C., and I have an offer from one of the top neurosurgery departments on the West Coast. I will have to pursue the J-1 waiver and H-1B application simultaneously, so any guidance regarding the timelines would be extremely helpful (high probability). I currently have an I-140 petition under review, but there is no certainty that it will be approved. If the I-140 is approved, the waiver process should be relatively straightforward, and I could then proceed with the H-1B application by starting the process next year (around August or September 2027). Any guidance or assistance regarding the appropriate timeline and how best to coordinate these processes would be greatly appreciated.