Can J1 petition be withdrawn? Please help

[eefrog]

Hi,
I am posting this question on behalf of my wife. She has been interviewing for the current matches, and one of the program is willing to offer her match, but she doesnt have step 3. She will be taking her step 3 before the residency.
The question is if the program files J1 for her, and she passes step 3 in the meantime, can the program withdraw J1 and file H1 instead for her?
Is it possible to withdraw J1 petition and file H1? Or is it possible to transfer status from J to H?
Any help will be greatly apprecited.
thanks,
frog

 

[hadron]

The J1 sponsorship is applied for with the ECFMG, not USCIS. Before your wife can start the residency, she will have to get into J1 status which can be done in two ways:
A. entering on a J1 visa
B. change of status (COS) filed with USCIS if she is already in the US, e.g. on a F1.

Until she enters on a visa or files a COS request, she does not have J1 status and USCIS could care less what other avenues she pursues for a visa. (The second she does however, she gets slapped with the HRR).

If she can get close enough to step3 to get an H1b, she wouldn't have to 'withdraw' the request for ECFMG sponsorship. She just doesn't use the DS2091 to apply for a visa or COS. (another $200 wasted, but given the overall expense of getting into a US residency this is just chicken feed).

(disclaimer: I am a doctor, not a lawyer. Talk to a lawyer before you do anything.)

 

[sath_us]

Avoid getting in to J1.. my advise..

*** This is visa is a Foriegn Doctor Human Right Abuse Visa. ****

J1 for Doctors have different set of rules .. they are not granted waiver based on

No Obligations to return to home country (NORI) only way to get waiver on this category is working in under served area ..where your employer will exploit you and keep you on call for 24 hours and pay you less than what other Doctor make through private practise.

I am permament resident husband on j1 visa victim (wife) stayed away from my wife for 3 year of residency now she has to work in a underserved area for 3 year so another 3 years away from my wife..


I am almost on the verge of taking my issue with Human Right abuse council.h