J1 waiver process ?

D

drshark

Registered Users (C)
hi. I learned a lot from this site. thank you guys. :)
i have a couple of questions regarding J1 waiver. I am gonna finish my residency in June/05.

1. when would be the best time to sign on a contract ? in another words, when would be the best time to apply for J1 waiver approval to DOS?

2. If I had a state license and J1 waiver approval letter from DOS, when would be the earliest time for applying for HIB visa before graduation(June/05)?

3. according to previous postings(very detail procedures about J1 waiver and H1B visa application ), I feel as if maybe layperson like me can do it. what do you think? (if i need a lawyer, do you have any idea how much i need to save to proceed J1 waiver and H1B visa application?)

Thank you in advance
 
5 cents

> 1. when would be the best time to sign on a contract ? in
> another words, when would be the best time to apply for
> J1 waiver approval to DOS?

Early, try to have a year for the entire process. The contract is the first step.

> 2. If I had a state license and J1 waiver approval letter from
> DOS, when would be the earliest time for applying for HIB
> visa before graduation(June/05)?

I believe you can't file an I129 earlier than 6 months before the intended job start date.

> I feel as if maybe layperson like me can do it. what do you think?

'Maybe' beeing the operative word. I think you could wing it, but there are many little things that can go wrong. The big companies in this business know which I has to be dotted etc.

> (if i need a lawyer, do you have any idea how much i need to
> save to proceed J1 waiver and H1B visa application?)

Depends on how much of the footwork you are able to do yourself. From what I understand the big companies charge about 5-7k for the process A-Z. If you just need someone for the H1b you should get by with 1.5-2k.
 
QUOTE=drshark

I am gonna finish my residency in June/05.

>>>>>> good.

1. when would be the best time to sign on a contract ? in another words, when would be the best time to apply for J1 waiver approval to DOS?

>>>> any time now.
Before applying for J1 waiver to DOS, you need an IGA letter that your job-to-be is in public interest. (However you may apply to DOS to get a case number).
the process works in a sequence like this -
(i)apply to IGA (interested Govt Agency) >>>> public interest letter issued >>>> IGA sends the recommendation to DOS with copy to you >>>> DOS recommends waiver to USCIS >>>> USCIS grants the FINAL Waiver
(ii) apply for H1B. {can be done at any time during or after (i)}

2. If I had a state license and J1 waiver approval letter from DOS, when would be the earliest time for applying for HIB visa before graduation(June/05)?

>>>> you may use premium processing and get H1B approval in 15 days. So not a big issue. (if you will appjy for change of status from your J1, COS, then you can't file your H1B petition, I-129, earlier than 6 months before the intended job start date).


3. according to previous postings(very detail procedures about J1 waiver and H1B visa application), I feel as if maybe layperson like me can do it. what do you think? (if i need a lawyer, do you have any idea how much i need to save to proceed J1 waiver and H1B visa application?)

>>>> I will NOT recommend doing it by yourself (unless you have a spouse or a girl/boy friend who will take care of the paperwork).
Attorney fees: for J1waiver+H1B : varies from $4000-8500 depending on the reputation of the attorneys. + overhead expenses (add another $1500) + $1000 for premium processing of H1B.
Make sure you hire an attorney who has done j1 waivers before. A good attorney DOES make a difference.

>>>> J1waiver with H1 is a long tedious process and your whole future depends on this process going smoothly. So be careful about whatever you decide to do.

4. Thank you in advance

>>>> you are welcome.

****** Do file your NIW as soon as you get your paperwork done. ******
--------------------------------------
disclaimer: my personal opinion only.
 
Last edited by a moderator:
H1b cap

beware of the cap.

It is somewhat murky whether J1 waiver cases with IGA support are subject to the H1b cap or not. They shouldn't, but apparently people had their petitions thrown into the stack of 'carryover' cases.

At this point, only jobs with hospitals/groups which are either part of a university or 'affiliated' with a university are exempt from the cap.

As for the NIW: Overall, NIW is probably the most tedious way of getting your GC as a physician. Rather go to a place were RIR-LC takes < 2y and get a contractual committment out of your employer to sponsor you after 1 year, or the latest when you become partner.
(You might want to file a NIW first so you can get an EAD and you are not dependent on the H1b beeing extended.)
 
Last edited by a moderator:
QUOTE=hadron

***beware of the cap. It is somewhat murky whether J1 waiver cases with IGA support are subject to the H1b cap or not. They shouldn't, but apparently people had their petitions thrown into the stack of 'carryover' cases.***

>>>> not true exactly. J1 waiver law to grant waiver of 2 year HRR expired on Jun 1, 2004. at this time, there is NO law to grant j1 waivers. see this link: http://www.shusterman.com/pdf/img-crs61704.pdf

2 resolutions have been introduced in congress (see bottom of page 2 on this link). one of them that has been approved will extend the law by 1 year and will make J1 waiver H1B exempt from the cap.


***At this point, only jobs with hospitals/groups which are either part of a university or 'affiliated' with a university are exempt from the cap.
>>>> see above

***As for the NIW: Overall, NIW is probably the most ***tedious*** way of getting your GC as a physician. Rather go to a place were RIR-LC takes < 2y and get a contractual committment out of your employer to sponsor you after 1 year, or the latest when you become partner.

>>>> by *tedious* you mean lenghty? or hard to get?
Lenghty --- yes. hard ---- NO.

*** You might want to file a NIW first so you can get an EAD and you are not dependent on the H1b beeing extended.***

>>>> yes, you must file NIW. But, do NOT use your EAD until you have completed 3 years on H1B. (the moment you use your EAD, your H1B status is gone)

-----------------------------------------
disclaimer: my personal opinion only.
 
complex issue

> one of them that has been approved will extend the law by 1 year
> and will make J1 waiver H1B exempt from the cap.

It still remains murky. From a law beeing on the book, to the individual physician getting a visa many things can go wrong. (did you ever wonder how you can misunderstand the words 'any physician' in the way CIS does ?)

>>>> by *tedious* you mean lenghty? or hard to get?
>Lenghty --- yes. hard ---- NO.

Lengthy and painful. If you get your GC through LC you are done once your CP or AOS has gone through. In NIW you have years of continued scrutiny by the goverment and limitations on how you practice and where.

>>>> yes, you must file NIW. But, do NOT use your EAD until
> you have completed 3 years on H1B.

Yes that is what I meant. Get the EAD for the possibility that Ralph Nader or some other wackjob becomes president and the H1b visa goes away.

There are a number of factors to decide on a strategy regarding LC vs. NIW. What state are you in, what DOL district, primary care vs. specialist, processing center, what country you are from etc.

i.e. for a physician from Iceland practicing in North Dakota it might be worthwhile to get:
- waiver job
- LC through a ND employer, not necessarily the one you work for (4-6mo)
- I140 EB-2 through same employer (1 year)
- after 3 years 1 day take a couple of weeks off, walk into the consulate in Reykjavik and apply for his immigrant visa. After 3 years and maybe 6 weeks he/she can land in the US and is a free man.

For someone from India/Pakistan/China, practicing in lets say Louisiana it might we worthwhile to get:
- waiver job
- self-petition I140-NIW on day1
- file I485 either concurrently or sequentially
- file EAD/AP 6-9 months before the 3 years are up
- after 3 years 1 day switch to EAD
- wait, wait, wait, answer inquiry after inquiry, get EAD's denied due to buerocratic glitches or upgrades and after a total of 6-7 years finally breathe free.

(I chose Iceland just as an example for a little country friendly with the US, I have no idea what their local processing times are. I/P/C I chose simply bc that seem to be the countries were CP is almost as painful as AOS)
 
Last edited by a moderator:
Thank you and another question?

Thank you Hadron and J1victim. your advice gave me great relief. :)
i have a couple of questions.

1. if i go through the conrad state 30 program, when can i know that i am accepted through conrad state 30 program? is it the time when i receive my J1 waiver approval or have to wait until i get the H1b visa?

2. i have been staying in usa for little bit over 3 years now. (i know we have not many choices as a j1 physician but) some friend told me not to consider some high discriminating areas, mostly southern states. do you think it really matters when i consider position? i need your opinion.

Thank you.
 
Last edited by a moderator:
QUOTE=hadron
****i.e. for a physician from Iceland practicing in North Dakota ........ After 3 years and maybe 6 weeks he/she can land in the US and is a free man.****

>>>> Yes. BUT you still need to work for same employer for a significant period of time AFTER getting your GC. this period is usually 6 months to 1 year atleast. (else, at the time of your citizenship, you will have trouble explaining)

**** For someone from India/Pakistan/China, practicing in lets say Louisiana ......... after a total of 6-7 years finally breathe free.****

>>>> only minimally true. for any state:

<Day 1 (of waiver job) -------- 3 years -------- 5 years ---- 6 years>
<day 1 - get NIW approved with EAD and AP ------ GC in 5 1/2 years>
<day 1 file Labor cert (1 1/2 yrs) -- I-140 (1 year) -- CP (3 months) --- GC at 3 years and 2 months)>

I know of people who have gone th' this route and got their GC in 3 years and 2 months.
so you should use BOTH processes simultaneously.
*****

quote drshark:
*******
1. if i go through the conrad state 30 program, when can i know that i am accepted through conrad state 30 program? is it the time when i receive my J1 waiver approval or have to wait until i get the H1b visa?

>>>> usually mid october, when you get your IGA letter. once you get this letter, battle is almost won. after this it is a smooth process (unbless there are issues with security in DOS/INS)

2. i have been staying in usa for little bit over 3 years now. (i know we have not many choices as a j1 physician but) some friend told me not to consider some high discriminating areas, mostly southern states. do you think it really matters when i consider position? i need your opinion.

>>>> NO. these underserved areas are really happy to get you there.
 
Old south

> 1. if i go through the conrad state 30 program, when can i know
> that i am accepted through conrad state 30 program?

The key step is apparently the state health department letter. The steps after that are mainly buerocratic exercises.
(That you are 'accepted' you know the day they will hand you the naturalization certificate, about 8-9 years from now. Before that you are always subject to the cruelties of the buerocracy.)

> some friend told me not to consider some high discriminating areas,
> mostly southern states. do you think it really matters when i
> consider position? i need your opinion.

That is a personal decision. It is true, people in any underserved area will be happy to have you. On the other hand, the likelyhood to encounter crazy racists will be higher in any of the old southern states. (a colleague from India worked in Alabama for two years and couldn't take it anymore. He is fine now, through the VA system)

Getting the IGA letter seems to be most difficult in NY, CA, FL, TX. But even some of the states in the middle have bizarre requirements.

As for the jobs: Stay away from helpful countrymen with small practices who will 'help you out'. I am aware of a couple of people who got screwed big time by some of their own (non-payment of salary, forced to take all the calls etc.) Yes, you have legal recourse through the DOL, but without your job your status is in jeopardy.
I know people working with large multispecialty practices in the midwest and plains states and they are happy. For these practices you are just another foreigner, not much different from the canadians they frequently hire. Some of these practices have an established relationship with a law firm and pay for the entire process.

As for NIW vs. LC for the GC. It is not a simple question and worth deciding once you have a job.

(I am not a lawyer, don't believe anything you read on an internet BB)
 
well I donot agree with one thing mentioned in the previous post
It is difficult to get letter from IGA in FL.In fact one has 2 just call the DOH and they issue the letter. :)
 
J1waiver or NIW

> It is difficult to get letter from IGA in FL.In fact one
> has 2 just call the DOH and they issue the letter.

For NIW or for J1 waiver ? I know someone who had a job offer in FL and got passed over for a J1 letter two years in a row.
 
Last edited by a moderator:
You must log in or register to reply here.
Top