A Poorly formed sentence in a law is causing serious doubt

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shrink23

New Member
Hello All.
I have a question weighing in my mind, and I would appreciate some feedback. I am a psychiatrist on a J1 visa- I finished my residency in 2006 and I am currently in a child psychiatry fellowship. I graduate on June 30, 2006. I received the I-797 from USCIS last week (dated Nov 2), and the language on the document and the language on the USDOS website (http://travel.state.gov/visa/temp/info/info_1288.html) states :

"Pursuant to the requirements of Public Law 103-416, a foreign medical graduate who has an offer of full-time employment at a health care facility in a designated health care professional shortage area or at a health care facility which serves patients from such a designated area, and agrees to begin employment at that facility within 90 days of receiving such a waiver, and who signs a contract to continue to work at that health care facility for a total of 40 hours per week and for not less than three years, may apply for a waiver under this basis."

I would like to focus on the underlined part. Does that mean that I have to BEGIN MY J1 WAIVER JOB by Feb 2nd (3 months from issuance of waiver approval) ? My attorney tells me I have to AGREE within 3 months that I will (eventually) begin my job (for at least 3 years, full time).
Has anyone gone through the J1 waiver process who could clarify whether i need to start the job by 3 months or agree within 3 months.
Thanks,
shrink23
 
Most people are in a similar position. It is only an intent to begin working however since you cannot, there is nothing you can do. It is not an issue. You have already demonstrated intent and that is good enough.
 
We should put up a sticky about this. Yes, it sound scary, but apparently nobody ever gets bitten by this. It is understood that there is a delay between waiver approval and job start date.
 
Being in a fellowship may be different...

I am actually in a slightly different position than other people. I completed my psychiatry residency in 2006, and right now, i am 8months away from completing my Child Psychiatry Fellowship. I think in a court of law, they may challenge me by pointing out that i have indeed completed my 'training ' already. As you know, from a legal point of view, it is not mandatory to have done a child fellowship to see pediatric patients. The representative from Wisconsin tried to assure me that there were 'hundreds of others in the same boat as me'- however, for the above-mentioned reason, i don't think i am in the majority. She also said 2 other things- firstly, this law with the 'controversial wording' was currently in much debate in the Congress- this makes me nervous, because it tells me there are powerful people debating AGAINST me. Secondly, she said she would not give me any assurance in writing- not even email. This also makes me nervous.
The message from Homeland security to me is clear (even if it is based on a very strict interpretation of the public law) - 'you must COMMENCE employment within 90 days'.
After much deliberation, I am realizing I have the following options :
1.approach USCIS to receive a statement in writing that I can defer beginning employment until I complete my fellowship.
2. Plead with my fellowship program to change my visa status from J1 to H1B so that I may begin employment, and finish my fellowship simultaneosuly.
3. Suspend my fellowship and consider completeing it after my waiver job.

Comments ?
Ths\anks,
shrink23
 
Ok, so let me re-phrase that:

- the goverment doesn't give a flying cowpie whether they left more than 90 days between approval of the waiver and you starting to work.

There are hundreds of people every year in exactly the same situation as you and I have yet to hear that this is an issue.

As for the 'options' you are contemplating:
1. Sit on your hands and don't do something STUPID like approaching the goverment on your own
2. Talk to your attorney
3. Do what your attorney tells you
 
shrink23 said:
I am actually in a slightly different position than other people. I completed my psychiatry residency in 2006, and right now, i am 8months away from completing my Child Psychiatry Fellowship. I think in a court of law, they may challenge me by pointing out that i have indeed completed my 'training ' already. As you know, from a legal point of view, it is not mandatory to have done a child fellowship to see pediatric patients. The representative from Wisconsin tried to assure me that there were 'hundreds of others in the same boat as me'- however, for the above-mentioned reason, i don't think i am in the majority. She also said 2 other things- firstly, this law with the 'controversial wording' was currently in much debate in the Congress- this makes me nervous, because it tells me there are powerful people debating AGAINST me. Secondly, she said she would not give me any assurance in writing- not even email. This also makes me nervous.
The message from Homeland security to me is clear (even if it is based on a very strict interpretation of the public law) - 'you must COMMENCE employment within 90 days'.
After much deliberation, I am realizing I have the following options :
1.approach USCIS to receive a statement in writing that I can defer beginning employment until I complete my fellowship.
2. Plead with my fellowship program to change my visa status from J1 to H1B so that I may begin employment, and finish my fellowship simultaneosuly.
3. Suspend my fellowship and consider completeing it after my waiver job.

Comments ?
Ths\anks,
shrink23
Click to expand...

Dude, if you do any of the above 3, u should see a shrink:D
Seriously, dont worry, complete your fellowship and join the waiver job.
 
not a big deal. don't worry about it. i am a child psychiatrist too and was exactly in the same position. no one really cares about that. finally, you need the letters from DOH stating that you have done 3 years of time in an underserved area. that is what matters.
 
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