changing waiver jobs

P

psychmd7

Registered Users (C)
hi,
i just started my waiver job and it is great. if i wanted to relocate based on personal reasons and my employer lets me go, and someone else is willing to hire me in a HPSA in another state, whom do i have to demonstrate extenuating circumstances to?

what kind of personal situations are extenuating?

if my employer approves the switch, do i still have to demonstrate extenuating circumstances?

are people allowed to switch waiver jobs based on personal reasons? who is the authority on the decision-health department, employer, USCIS?
 
hi

hi buddy i m I m an internal medicine physician who is in his 2nd yr of j1 waiver in arkansas.I m looking to switch waiver jobs but my current employer is giving me the run around.I hope your employer releases you because most of these guys exploit the hell out of well trained MDs


my clinic put in an addendum to my contract after i moved here which was 3rd party aggrement and wasnt signed by me.it s a 150000 dollar release clause whick kicks in after the 1st 12 mths each month i stay here they payment goes down by 7000 $/mth.this was an aggrement between the clinic that sponsored my j1 and the adjacent hospital who helped them sponsor my salary. apparently this was mandated by anti kick back law or stark law .i didnt sign this part of contract and i would not have agreed to this is this legal??

Regards,
 
follow up

here re some extentuationg circumstances that i know

not gettin paid
breach of contract
mutual release
 
extenuating cirsumstances apparently need to be shown to USCIS. even if an employer is willing to allow relocation, it doesn't automatically mean that it is possible. this is what my lawyer told me. i clearly have no reasons to leave since i have no problems with the job. you might want to check what the state department's policies are. eg- PA DOH only allows relocations within PA.
 
Whatever the copy of the contract signed by you and the responsible officer for your practice says is binding for you. They in all likelyhood entered into some sort of retention contract with the hospital essentially subsidizing your salary for a set length of time. Even if they try to make you believe that you are bound by this agreement (and its penalties), if it wasn't in the contract signed by you, it creates no binding obligation for you. Consult an attorney familiar with physician contract law so you know your rights.
 
I changed my waiver job 2 1/2 yrs ago and it was very easy for me. My employer told me that he will not pay me the amount stated in contract. So I immideatly found an other job in same area. As soon as he gave me the paystub with reduced payment I prepared a self affidavit that employer is violating contract. And thats all it needed to get a waiver job change - H1 change approval.

I didn't even contact the texas health dept. I notifed them later when I started my new job and they were perfectly happy with it

So my advise to anybody who is planning to change the waiver job is not to worry, find some sort of violation of your contract or rights and then go for it. Most of the time USCIS will approve it. Again each case is different. So talk to your lawyer, find a good alternative job and stop being exploited by the blood sucking employers.

My 2 cents
 
thanks guys

I appreciate all the comments above and all the support.My clinic makes me cover the adjacent er despite it not being mentioned in the contract,recurrent emtala violations between hospital er and clinic(these wiseasses are transferring patients from hospital er ---so called non urgent er patients to the clinic and also getting me to see pediatric patients and teenagers despite me having trained as an internist i ll try to use these as breach of contract

can anyone give me other examples of breach of contract for internists

thanks
 
If the patient received an 'initial screening examination' and a 'licensed independent practicioner' has determined that the patient doesn't have a 'emergency medical condition', transfers to an outpatient office are entirely legal by EMTALA standards.

Your medical license says 'physician and surgeon', unless your contract specifies that you are to practice on adults only, I don't see the contract violation here.

You don't like your job, I can see that. But I would be careful before I used these kinds of 'breaches' to justify jumping your contract.
 
thanks

thanks hadron for your thoughts.you have been very helpful These people just come to the er and er nurse calls the head nurse at the clinic who is the wife of the main FP doc there.She tells them to send the patient over without being seen at all in the.they come straight to the clinic.these people just appear on my patient walk in list.clinic nurse okays these transfers at he rown discretion without my approval(she thinks she s god since she s married to the doctor who is one of the main partners of the clinic)


regards,
 
You must log in or register to reply here.
Top