J-1 Waiver questions....Please answer them

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desigc2003

Registered Users (C)
1. I have got State DH / DOS/ USCIS approval recently for my J-1 waiver which I need to start after finishing my residency around Sept/Oct 2005. What happens to my waiver as it will be more than 90 days and when is the best time to file for H-1b ?

2. Can I decide to take another waiver in different state after getting one waiver approval but before filing for H-1b ?

3. I have got J-1 waiver approval and some time next year I will file for my h-1b and I will start working for the clinic that got my J-1 waiver as per the contract. What is going to happen if they decide to close the clinic all of the sudden before I finish 3 years? and what are my options like going to a different place or state ?

I appreciate your answers
 
Can't say anything intelligent regarding #1 and #2, but I think you are in trouble at this point as you have to 'use it or loose it'.

> 3. I have got J-1 waiver approval and some time next year I will file
> for my h-1b and I will start working for the clinic that got my J-1
> waiver as per the contract. What is going to happen if they decide
> to close the clinic all of the sudden before I finish 3 years? and
> what are my options like going to a different place or state ?

I CAN say something on that point. A friend of mine was working a waiver job when the ICU he was running got shut down and his job 'evaporated'. He got a hospital organization in a different state to hire him and his wife on new waiver jobs. The time spent in the first job counts towards his requirement.

The other option, if they decide to 'close the clinic' is to buy them out and continue to run the place yourself. That is typically difficult if you are in a location with crappy payor mix (like many underserved clinics are). You also would probably need a 'straw man' or some elaborate corporate construct in order to avoid conflicts with the rules that restrict your ability to sponsor yourself for an H1b (I know one guy who bought a practice to do his waiver job).
 
#1: i was told that u can put a start date on your H1B application depending on when u can actually start work. regarding the 90 days, ideally u should be starting work, but several people are not being able to do it becoz of either licensure or residency completion. so far, there dont seem to be any major consequences of starting beyond the 90 days.
# 2: dont know but please post ur answer when u find out.
# 3: that would qualify as an extenuating circumstance and u can change employers. even if u bought the practice, u still have to get someone to hire u since you have to be a W2 payroll employee on the H1B.
 
There has to be a good reason to change jobs:Yes u can file a transfer of waiver based on these

1. inability of the employer to pay, In that case ,employer should send aletter saying he is unable to pay

2. If your employer closes practice than U can change provided it is MUA and
get approval from the agency which got your approval earlier.
 
> even if u bought the practice, u still have to get
> someone to hire u since you have to be a W2 payroll
> employee on the H1B.

If you buy the practice, it has to be a corporation e.g. LLC or P.C. in order for it to hire you as a payroll employee. And even then, you have to be careful that you don't show up as the sole shareholder in the corp.
 
"1. I have got State DH / DOS/ USCIS approval recently for my J-1 waiver which I need to start after finishing my residency around Sept/Oct 2005. What happens to my waiver as it will be more than 90 days and when is the best time to file for H-1b ?"

Technically, 90 days starts when state appoves the waiver NOT when you get H1. I have spoken to a number of state's waiver co-ordinators. Some don't care about 90 days and some are restrictive. For the states who are flexible, I told them that I'll not be able to start before July 1 which is normal date for ending residency program. And they said that is not a problem. Sep/oct is not normal end date for residency. Give a call to the waiver co-ordinator of the state and ask it. Your lawyer should also know about that state.
 
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