Changing j1 Waiver jobs between IGA

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drj1victim

Registered Users (C)
Hi all
I am a J1 physician doing my second year of waiver in small rural community. My waiver is by Dept of health and human services. I have been exploited by my employer since i joined and I cant take it anymore. I finally got a job offer from a VA. Can any one help me how to transfer to a VA Waiver from Dept of Health and Human services waiver. Is It possible to go to VA system?? Please help me out here. please post some messages if you know any inforamation regarding this

thank you
drj1victim :(
 
Once Dept of Health approves waiver the situation is out of their control. I have changed waiver and I had no problem getting it done.

Stop being exploited, take bold steps and i doubt you will have any problem in transfer.
 
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Dear Gondal guru

Would you please give me more details. I have talked to Dept of health and human services. they have asked me proof of exploitation and I have provided them the proof and they said "yes you can transfer to a rural area but did not recomend to transfer to VA"

The VA is filling H1B on my behalf some time this week. I have provided then all the proof of extenuating hardship(Breech of contract in my case). Do you think they will ask any more questions.

Please post some more experience that you had with your transfer process

thank you very much
drj1victim
 
getting the okay from DOH is very crucial ( in some states DOH is nice and accomodating and in some not), try to get as much tangible proof of exploitation as possible , best of luck
 
j1 exploitation

I m an internist also being exploited by his employer.what kind of things create breach of contract
 
My experience with the change of waiver job...time line is after starting J1 waiver job...

@ 6 months -- Employers tells me that he is going to cut my salary by 33% as I was not generating enough revenue

@ 6 months - I started looking for another job

@ 7 months - Found A a job in FQHC in near by area

@ 7 months - Hired a lawyer, prepared the H1b transfer papers, prepared a self affiavit as to what happened and how the contract was violated

@ 7 and 1/2 months - new H1b was approved (in just 2 days after filing)

@ 8 months - started new job

@ 8 and 1/2 months - informed Texas Dept of Health regarding what happened and how I had to transfer my waiver job... next day I got email from Dept of Health ""Thank you for keeping us up to date on your situation. We wish you well with your new employer and hope that no problems arise. We work regularly with Community Health Centers like *******. It should be a good match""

I know around 10 different physicians on J1 waiver in my area and out 10 atleast 4 have transfered their waiver jobs with out any trouble.

As long as you have a real valid reason for transfer, Dept of Health will have no problem with it. Talk to the dept of health beforehand, explain them your situation.

Hope this helps.
 
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Dear drrambo

In my case, My original contract is to do 40 hours of primary care job at a clinic for 40 hours/week. After my waiver got approved the asked me to do Emergency room coverage for a diferrent company that he owns. I used to do 7-8 ER calls/month inaddition to my primary care job which amounts to 150000$ per year. He pays my salary 135000$ out of ER and he makes me work for free at his clinic.

I have provided copies of ER call Schedules and Original contract to DHHS and they agreed that I can transfer.

I don't know why the government doesn't take action on these clinics that exploit j1 physicians. Its so sad that j1 physicians are exploited in this country. the sad part is that my employer is indian too who is exploiting me.

Does any know of anywebsites that we can post the clinics that exploit physicians?
 
Dear Dr gondal guru

My waiver is by Dept of health and human services(Federal waiver) and I am in the process of transfer to a VA. do you know any of your friends that changed waivers from DHHS to a VA. Please post
 
I know of atleast 4-5 waiver job transfer cases and all of them were sponsered by Dept of Health and the transfer was also under Dept of health (3 in the same state and 2 in other states)

If you talked to DHHS and they agree with transfer then you will be fine. All uscis will need is DOS waiver approval letter for H1b transfer.
 
Dear Dr Gondal guru :)

Really appreciate your posts :) . Would you please clarify this. When you said Dept of health(DOH) Did you mean it is Dept of Health and Human Services(DHSS) which is federal government agency or Is it Texas State Dept of Health?

The VA just filed to INS today for Job transfer from DHSS to VA position with my self Afidavit, proof of extenuating hardship,VA job offer and contract.I am really tensed now :( . I should know the results in 7-10 bussiness day.

thank you
j1 victim :confused:
 
The VA just filed to INS today for Job transfer from DHSS to VA position with my self Afidavit, proof of extenuating hardship,VA job offer and contract.I am really tensed now . I should know the results in 7-10 bussiness day.
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Chill, have a beer (or an ice-tea, whatever suits your cultural/religious persuasion). You are being handed from one federal agency to another and a third one has to sign off on it. Don't worry too much about it, it will be allright.
 
drj1victim said:
Dear Dr Gondal guru :)

Really appreciate your posts :) . Would you please clarify this. When you said Dept of health(DOH) Did you mean it is Dept of Health and Human Services(DHSS) which is federal government agency or Is it Texas State Dept of Health?

The VA just filed to INS today for Job transfer from DHSS to VA position with my self Afidavit, proof of extenuating hardship,VA job offer and contract.I am really tensed now :( . I should know the results in 7-10 bussiness day.

thank you
j1 victim :confused:
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It is Texas Dept of Health and not DHSS. I am really glad that your h1b transfer is already filed and given my observation in J1 waiver transfer cases, I think you will not encounter any problem. You will love working with VA (no exploitation, great benefits, lots of holidays and vacation....). Good luck with your new job.
 
Good News

Dear All :)
I got good news to share. The USCIS has approved my petition today to start my New VA job. I am so happy today. I really thank everybody for your support and wishes. ;)

thank you :)
drj1victim :)
 
hi,
i am another physician who was abused by another indian,
I was terminated in May 2006.
filed a new I129 on July, i could not resign myself earlier and file for H1b because i had 250,000 liquidation damage clause.
my previous state already released me and said they have no objection.
my current state also sponsored and supported my waiver
i had made an affidavit and have evidence of violations of law by previous employer

INS has sent RFE about status and about another letter from employer stating the date/anticipated date of previous facility closure,
please help me
any new ideas
my employer will not give me any letters.
he is a-----.
:confused:
 
>my employer will not give me any letters

Did you have priviledges at a hospital ? If the facility closed, this is something the medical director of the hospital would have heard about in his professional capacity. Ask him if he would give you a letter to the effect.

Then you have to prepare an affidavit that you contacted the employer on a,b,c dates, copies of letters you sent him about it and whatever his answer is. Have your attorney send a letter to him, not threatening but insistent.
 
J1 slave said:
hi,

I was terminated in May 2006.
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What was cause of termination, facility closing? Do you have termination letter and what does it states?

i had made an affidavit and have evidence of violations of law by previous employer
Click to expand...

Was this the "extenuating circumstance" you put in your affidavit?

INS has sent RFE about status and about another letter from employer stating the date/anticipated date of previous facility closure,
Click to expand...

Where does the USCIS got the idea that facility is closing? Did you put this in your affadavit? Affidavit should have only things that you can prove/support with documentation.

You and your lawyer know the exact situation. He/she should come up with alternative to non co-oprative employer.

hadron has the best idea for communicating with your ex-employer.

Another thing, you might want to ask your current State to document the circumstances if they agree with you. They can state in the supporting letter that have investigated this and the employer is ..... Some State co-ordinators are very helpful. He/she can make calls to the employer and get the scoop and then write a better supporting letter. Just a letter stating that they don't have any object is nice to have but not required by USCIS. Law only states that the transfer is allowed under "extenuating circumstance" and you have to show this.
 
dear hardon,
thank you.
i donot think he closed/ or will close the office but he terminated me on this basis. i can always get letters from other physicians in the area

that is a good idea to have the attorney send a letter to previous employer.
:)
 
m_img said:
What was cause of termination, facility closing? Do you have termination letter and what does it states?

termination letter states that" due to non productivity and financial non-viability the operations will cease and your contract will be terminated"

Was this the "extenuating circumstance" you put in your affidavit?

different things, like increasing the levels of billing after i code one level.
giving low dose chemotherapies, insisting that always bill level 5 for inpatient consults,,,, etc.,

Where does the USCIS got the idea that facility is closing? Did you put this in your affadavit? Affidavit should have only things that you can prove/support with documentation.

from the termination letter

You and your lawyer know the exact situation. He/she should come up with alternative to non co-oprative employer.

hadron has the best idea for communicating with your ex-employer.

Another thing, you might want to ask your current State to document the circumstances if they agree with you. They can state in the supporting letter that have investigated this and the employer is ..... Some State co-ordinators are very helpful. He/she can make calls to the employer and get the scoop and then write a better supporting letter. Just a letter stating that they don't have any object is nice to have but not required by USCIS. Law only states that the transfer is allowed under "extenuating circumstance" and you have to show this.
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also, my wife and daughter are us citizens, and any other new thoughts
 
J1 slave said:
i donot think he closed/ or will close the office but he terminated me on this basis. i can always get letters from other physicians in the area
that is a good idea to have the attorney send a letter to previous employer.
:)
Click to expand...

One way to approach your previous employer would be that your lawyer explain to him that either he gives the letter or he does not have any ground to let you go. If there is not enough revenue to support your salary, that could be a reason to terminate you and that's what the letter should have stated. So, the previous employer have some consequences if he does not co-operate. Again, let the lawyer talk to him.
 
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