J1 waiver program extended !!

H

hadron

Registered Users (C)
Looks like Senator Conrads bill (S. 2302, Public Law number 108-441), to extend and expand the conrad30 state waiver program got signed into law by the president along with the infamous spending bill:

The changes:
- now includes non-primary specialties and subspecialty trained physicians !
- exemption from the H1b cap written into law, not up to the CIS officer !
- for hospital based specialties: 5 slots can go to physicians whose hospital is not in an underserved census tract. The hospital just has to proove that it serves underserved communities !

( I am thinking of founding a PAC/fundraising entity to support Sen Conrads re-election in 2006. His senator colleague from ND, Byron Dorgan got re-elected this year, but keeping Conrad in the senate is paramount for all physicians training or having trained on J1 visas. If there are people out here who are in support of doing this, please let me know. There are restrictions on how much non-citizens can contribute, but if there is sufficient interest I will have a lawyer look into this. )
 
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Further information

Dear Hadron,
Where can I get further information on your commen:

"for hospital based specialties: 5 slots can go to physicians whose hospital is not in an underserved census tract. The hospital just has to proove that it serves underserved communities !"

As I am completing my residency in a community hospital with lots of underserved population but we are not considered eligible for J-1 waivers. My department is willing to accept me in faculty but they do not know how to go aroung with the J-1 waiver issue. Now with this law may be things will chnage. Can you please give me some advise how to proceed into this matter. I am graduating in July 2005. But can extend my study with going into a fellowship program.
Real thanks for this update and will greatly appreciate your siggestions.
Take care
 
It is up to the states to implement this. It is a possibility, not a mandate. Conrad wanted to open the opportunity for states to accomodate specialists in hospitals that serve underserved communities. (It is a local issue in ND, and that are the people who elect him.)

States that are very bent on using all 30 slots for primary care probably won't make use of this rule.

Doing a fellowship is probably a good idea. To get a waiver for 7/05 you are already late in the game. A fellowship gives you another year to figure out how your state and others handle this. What specialty are you in ?
 
Thanks

I am in psychiatry. Have some waiver oppertunities but moving in direction of fellowship to complete my education. By the way I have another question. I recently got Canadian Immigration (about 2 months ago). Now I have to go to Canada to get the PR card and to will have to apply to US embassy at Toronto for a J-1 visa to come back. Do U think it can be a problem in the form of refusal by US embassy despite of me having a PR card. I do not want to go back to my home country as things are way more complicated there.
Thanks again. :confused:
 
> I am in psychiatry. Have some waiver oppertunities

You shouldn't have a problem then. Just make sure the jobs are in 'mental health' shortage areas, they might be different from the primary care ones.

> I recently got Canadian Immigration (about 2 months ago).
> Now I have to go to Canada to get the PR card and to will have to
> apply to US embassy at Toronto for a J-1 visa to come back.

?? don't know whether they issue J1s for non-canadians. Friends of mine used to drive to Toronto for their extensions, but that was pre-911. Otoh, you have canadian PR, you would find a psych job in BC or Alberta without major bureocratic complications.
 
fellowship issue!

Hi Hadron,

You seem to be quite knowledgable and I would appreciate if you would help answer few of my questions.

I am working as a hospitalist (internist) for a private firm after completing my residency in internal medicine in 2003 on H-1B. Applied through EB-2 category. My priority date is september 2003. Labour and I-140 approved. I485 filed and pending more than 180 days. I am currently working on EAD. This is my 6th year of H-1B (expires in september '06). My wife initially on H-4 is working as an internal medicine resident (1st year) on EAD.

1. Can I change back to a Nephrology fellowship spanning 2 years (technically in the same profession but significantly different income)? would it jeopardize both mine and my wife's GC application?

2. FBI name check is still pending. What can I do about it?

3. How does AC-21 law help me and should I renew my H-1B?

Please answer as soon as possible!
 
preface: consult with an expert immigration attorney paid by yourself before you make any decisions. for all you know, I could be a dog.

> 1. Can I change back to a Nephrology fellowship spanning 2 years
> (technically in the same profession but significantly different income)?

Your only way to change before approval of the GC is using AC-21 and it requires that the job is fundamentally the same. What can (and at times will) happen is that just before I485 approval they will send an RFE for an employment verification letter from your sponsoring employer. At that point, you would have to reply that you used AC-21 and provide the EVL from your fellowship program. An officer might look at your 1/3 income and decide that this is not a fundamentally similar job, bc after all you are getting only a fraction of your prior salary.

> would it jeopardize both mine and my wife's GC application?

It could.

> 2. FBI name check is still pending. What can I do about it?

Look around in the I485 forums. There are things you can do like inquiring with the FBI, talk to your senators office (best through some local big-shot politician who is interested to keep your outstanding hospitalist services).

> 3. How does AC-21 law help me and should I renew my H-1B?

AC-21 helps you that once your I485 is 180days old, you can change to a different employer for a similar job. So, if you changed from one hospitalist position to another (or from hospitalist to an office position), USCIS would still have to approve your case.
 
Hi lxb

How difficult or easy was the Canadian immigration process for a Physician.Did you hire a lawyer? Is you medical degree and qualification accepted. Which country are you from? I would like ot get to know more about these issues as I am planing to apply for Canadian PR. I am from India and am wondering how to go about this process. How long did it take?

Thanks.

lxb said:
I am in psychiatry. Have some waiver oppertunities but moving in direction of fellowship to complete my education. By the way I have another question. I recently got Canadian Immigration (about 2 months ago). Now I have to go to Canada to get the PR card and to will have to apply to US embassy at Toronto for a J-1 visa to come back. Do U think it can be a problem in the form of refusal by US embassy despite of me having a PR card. I do not want to go back to my home country as things are way more complicated there.
Thanks again. :confused:
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