Applying 1 140 before J1 wavier

[ganeshs]

I am in J1. PLanning to apply for GC in EB2 NIW category. Can I apply I 140 before getting J1 wavier since wavier takes 5 months time. If i apply I140 before wavier is there any slight chance of denial of I 140 or wavier application ?

 

[FlyingRon]

I presume you are talking about a waiver of the home residency requirement? You should get going on both. You can file the I-140 before you have the waiver, but you won't get your status changed without the waiver approval in hand.