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Self Help - J1-Waiver transfer

Discussion in 'Physicians' started by m_img, Oct 6, 2006.

  1. j1hell

    j1hell Registered Users (C)

    H1B/WAIVER TRANSFER TIMELINE, Licensing

    Hey guys, can I apply for an H1B transfer before having the state medical license?
    It is hard to go out there on interviews looking for a new j1 elegible job and telling everyone "well, I can come but it depends if my H1b transfer is accepted".
    I was wondering if an H1b transfer application can be filed without having the license yet (can an application receipt be used?).
    Anyone with experience about what is the best time frame to do everything?
     
  2. gondalguru

    gondalguru Registered Users (C)

    Be little more diplomatic when you go for J1 transfer job hunting. Don't tell them that you will only be able to join if J1b transfer is approved.

    Just ask them that you will need some paperwork from employer for sponsorship and lawyer will take care of everything.

    If you are looking in Texas -- then let me know -- I can get you some very good jobs (with salary range of 220-240K per year -- Internal Medicine) here in South Texas. But u need to remember that Texas license takes hell a lot of time now a days.
     
  3. m_img

    m_img Registered Users (C)

    I don't think so. Some States issue temporary 90 days license before permanent. That's acceptable.... they might not issue 3year H1-B with temporary license.
     
  4. hadron

    hadron Registered Users (C)

    With a temporary license you may get stuck with a 1 year H1b.
     
  5. gopo

    gopo Registered Users (C)

    H1 b transfer

    It is better to get transfered in a state you already have a license.
    If your license is pending they may give you RFE it is better to apply with regular processing if you want to do that.
    Getting licensed could be unpredictable, you never know.
     
  6. mamacitaaa29

    mamacitaaa29 New Member

    Hi everybody!
    I urgently need your help.
    In July 2008 I came to Atlanta to work here as a teacher/through an exchange program (J1 Visa, I am Austrian, Europe).
    The agency, and thats the crazy thing, did not find me a job as a teacher and now I have to go back home, after only 2 months! That means: I have never worked here as a teacher, I only stayed for 2 months and I did not get any income (expect of 2 weeks salary for GOOD WILL from them!). I know that the following statement isthe reason for the 2 year foreign residency requirement: Accordingly, many exchange visitors entering the United States are subject to a requirement that they return to their home country to share with their countrymen the knowledge, experience and impressions gained during their stay in the United States. BUT WHAT EXPERIENCE CAN I POSSIBLY SHARE IF I HAVE NEVER WORKED HERE AS A TEACHER?

    I think I have all rights to waive this J1, dont you think? I dont know where I can get the answers though. Where to start.....

    Thanx a lot for your help!!!!
    Please send me an email to cbaumgartinger AT hotmail.com
    Greetings,
    Claudia
     
  7. gullu01

    gullu01 Registered Users (C)

    j1 waiver transfer, RFE on H-1

    Hi Guys, I recently applied for a J1 waiver transfer as The Satellite clinic of the previous Group practice( Employer A ) where I was working full time since Jan 2008, was being sold to a Local Group practice ( Employer B). The new employer B wanted to keep me at the same location. I was told ( by my attorney) that I can Transfer my J1 waiver , showing the extrenuating circumstances as ' The clinic was being closed" ans so we did apply for new H-1 through Emplyer B (with all the required documents and letter from my previous employer A that the Clinic is closing down)on August 1st 2008 and so started working under New employer from the same day at the same clinic ( I was told that once USCIS recieves the file for new H1 petition I can start working from the same day for the new employer and do not have to wait for the approval.).

    Now , I recieved shocking update from USCIS they have sent a RFE letter today. I still havent recieved it , so do not know the actual reason.
    my questions are.

    1. I did not submit any letter from State health dept in my application, although they were of the transfer before I filed my new H-1 petition. Could this be the problem

    2. I was just checking the MUA/HPSA location website , and my office location address is now only qualifying as HSPA but not as MUA. I was previously qualified as both MUA & HSPA. Could this be a problem for my RFE .

    3. I f any body previously had similar experiences with RFE on j1 waiver transfer.. What other evidence would they usually ask for. ( I am getting paranoid , weekned just started and I cant wait for 4-5 days till I actually know exactly what the RFE is about)

    I will greatly appreciate you prompt replies.
    Thanks
     
  8. usadc71

    usadc71 Registered Users (C)

    Hi guys
    A new employer will take over the ED practice where I work as J waiver and i need go with new employer. There is no change in location which is MUA. Hospital as former employer completely agree with this changes.
    Should i file new application to USCIS for new employer or we can just do internal contract between me , hospital and group showed hospital trasfer me to new employer.
    please help me with your advice?
     
  9. m_img

    m_img Registered Users (C)

    Let me understand... you're employed by this company NOT hospital?

    Even though location is not changing... H1 is specific to an employer, in this case old employer. Is name of the company is changing? If company is not changing, I would say you're ok.

    If employer name is changing... then technically, you need to change H1/J1 waiver transfer. Get a support letter from your State's J1 waiver co-coordinator. There should not be a problem.
     
  10. usadc71

    usadc71 Registered Users (C)

    now iam hospital employee, but new group is coming to take over the emergency room is a private group. so employer completely will change but location not.
    question is what documents i need to file? is it H-1 B portability?or waiver transfer?

    can i file NIW for GC at the same time?I already have NIW support letter from DOH?
    thanks
     
  11. m_img

    m_img Registered Users (C)

    It is H-1B portability not waiver portability. Just follow H-1B portability procedure. I would get a support letter from your State's waiver coordinator that would confirm that it is HPSA/MUA and state the situation.
    Yes, you can.
     
  12. hadron

    hadron Registered Users (C)

    - same location
    - same job

    ---> You are fine from a waiver/stateDOH/DOSwaiverdivision perspective

    - change in employing entity

    ---> You need an H1b transfer (unless company B buys company A including all its assets and acts as 'successor in interest' for the purpose of your non-immigrant petition.
     
  13. gullu01

    gullu01 Registered Users (C)

    H1 b approved for the J1 waiver transfer

    Sorry guys I forgot to post that , my H1 b petititon for J1 waiver job transfer got finally approved on Nov 7th 2008. ( applied on July 31st 2008, got RFE in Aug 2008).
     
  14. bob74

    bob74 New Member

    need guidence-j1 waiver transfer

    i am on my waiver since 2008 in WA. my practice is not that busy to make enough money for the hospital. they are not willing to apply GC. What should i do in this case?
     
  15. m_img

    m_img Registered Users (C)

    Well, these are two different issues... 1st, waiver, end GC.

    It seems that hospital is paying you per your contract. So, you're ok for waiver period.

    As for GC is concerned.. I'm sorry to say, hospital is correct in not sponsoring you as they don't have need for a full time physician. I know how you feel.

    Now, here is what I would try... I don't know your specialty... but it should not make a difference... you might have different strategy with each specialty... basically, you should market yourself and increase your patient base and thus income for the hospital and they might change their mind.
     
    Last edited by a moderator: Aug 16, 2009
  16. gopo

    gopo Registered Users (C)

    H1 B transfer

    Hi guys!
    I am completing my three year requirement in underserved area. I changed my J 1 waiver after 1 year to a different location. My first employer refused to start PERM process. Second employer started PERM 1 year ago, it is still pending.
    I am single and in this underserved area(small town) I do not find somebody unfortunately. I found another employer in a very large city. Is it easy to transfer H1 B visa after three years of J1 waiver without a very strong reason except that I want a large city where I can meet someone? Should I stay here and wait for PERM to be approved? It could drag for long time, I prefer to change the employer and resume the PERM process. This new employer is not in underserved area. I was thinking to go back to my country to bring someone; can I find an employer to sponsor H1 b visa after having some time spent in the old country (not the 2 year for J1, that was waived)? Am I subject to H1 visa cap if I go back?
    Thank you. I would really appreciate any answer. Thank you.
     
  17. willoo

    willoo New Member

    Is transfer from Conrad 30 based waiver to VA based waiver possible without a new waiver application ?
    If my state is not cooperating with me and not ready to listen to my hardships and need for transfer out on a new job and wants me to "keep working it out" without even listening to me , what are my options ? If a new state is ready to accept me can I just jump after reaching a closure with the abusive employer ?
     
  18. celinar

    celinar Registered Users (C)

    it shouldn't be i guess according to CIS regulation they are not suppose to open up J1-transfer case at the time of Greencard.
     
  19. Docmd84

    Docmd84 New Member

    Hi

    This forum is really helpful. I am currently in a J1 waiver job, end up working at more than 12 sites and about 80-90 hrs/week (including call time). When I confronted my employer about the work hours, he said I am not a fellow or resident any more and work hours don't apply.
    I have 9 sites listed for work in my contract but I have consistently been working at 3 more sites that are absolutely not in my contract.
    I want to transfer my waiver at this time, especially after a recent incident where my employer was verbally abusive with me over phone( hard to prove but I still wrote a long email and it's been a week and he still hasn't responded)

    I have encountered unethical practices and all but now I feel I have a straight forward case of breach of contract with the three additional sites that I have been made to work at. What do you guys think I will need to prove a breach of contract for these sites? Also -- can I say no to calls / work once I meet 40hrs/wk (even an extra hr everyday) of work as written in my contract?

    My employer is very abusive and shrewd.
    Please help!!
     

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