carlaboulianne
New Member
Please advise,
Four months before my husband\'s 3 year underserved area commitment for his J1 waiver was finished, his practice was transfered/sold from hospital A to hospital B. His attorney filed a new employer H1 instead of a transfer. His practice was not relocated, didn\'t change names, served the same patients, and he did not shut the doors for even one day.
His paychecks just started coming from someone else. Now he has finished three years and we would like to file for AOS based on marriage, EAD, and AP. But the decision on the new H1 (hospital B) is still pending...so did his last 4 months of work count towards his 3 year underserved commitment??? Or will he need to register another 4 months after his H1 approval? Or did the 3 year clock start ticking from the new H1 receipt date? Would it have made a difference if his attorney had filed an H1 transfer instead of new employment? The attorney is trying to get him to sign a release of liability before we mail the AOS, etc which makes me suspicious that they screwed up somewhere along the way. He has used this attorney for 5 years and they have never asked for a release of liability before now.
Any advice? Not that INS regs have to make sense, but it seems the J1 waiver laws were meant to ensure that the full three years were done, not to penalize time for hospital mergers/transfers/sales etc. The state DOH J1 waiver compiance officer is satisfied that he\'s done, but will INS care about her interpretation? We have have everything ready to go on AOS/EAD/AP and he has a new job pending on the EAD so a quick response would be greatly appreciated.
Four months before my husband\'s 3 year underserved area commitment for his J1 waiver was finished, his practice was transfered/sold from hospital A to hospital B. His attorney filed a new employer H1 instead of a transfer. His practice was not relocated, didn\'t change names, served the same patients, and he did not shut the doors for even one day.
His paychecks just started coming from someone else. Now he has finished three years and we would like to file for AOS based on marriage, EAD, and AP. But the decision on the new H1 (hospital B) is still pending...so did his last 4 months of work count towards his 3 year underserved commitment??? Or will he need to register another 4 months after his H1 approval? Or did the 3 year clock start ticking from the new H1 receipt date? Would it have made a difference if his attorney had filed an H1 transfer instead of new employment? The attorney is trying to get him to sign a release of liability before we mail the AOS, etc which makes me suspicious that they screwed up somewhere along the way. He has used this attorney for 5 years and they have never asked for a release of liability before now.
Any advice? Not that INS regs have to make sense, but it seems the J1 waiver laws were meant to ensure that the full three years were done, not to penalize time for hospital mergers/transfers/sales etc. The state DOH J1 waiver compiance officer is satisfied that he\'s done, but will INS care about her interpretation? We have have everything ready to go on AOS/EAD/AP and he has a new job pending on the EAD so a quick response would be greatly appreciated.