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I am sorry to hear about your troubles. Short of employers withholding paychecks, it is quite difficult to change jobs during the waiver. The employer will just tell the state office that 'you don't like your job' or that 'they think someone offered you more money' or some other nonsense. I don't know whether 35-40 patients is a high census in your specialty, but the number alone doesn't really constitute anything 'actionable' from a getting out of your job aspect.
Now, if you have a different employer in a HPSA with a willing state office, you may take your chances running the risk of having to do another 3 years after the transfer rather than 2. Ultimately, it usually pays to just stick it out for the 3 years, put up with less than optimal working conditions and to move on once you are done.
Is it possible for me to quit the position and transfer to a new practice eligible for a J1 waiver practice. Any input is appreciated. Thank you.
I went through same misery not long ago.
The health departments approval does not mean anything.
ITs USCIS which decided. I did not even talk to my health department.
Be creative and definitely use a lawyer. Talk about how ur fatigue could jeopardize patient care. I even attached Physician fatigue articles.
To boost you, I talked to 4 lawyer. First one hung up onme telling me no you dont have case (Robert A), second one told me there is 50% chance, thrid one todl me i definitelyhad a case but i cannot trasfer out of the state i am originally in. The forth one told me i had strong case, i can go anywhere i want, even to a VA hospital!!
I used the 4th one and ia m happy
Question about lawyer
Thanks for your helpful post. Could you please give/IM the name of the 4th lawyer you went with..I tried the first one you mentions (R) and had a very negative experience. Desparately Need a good lawyer now. Well really precise your response.
thank youI am a physician working on J1 waiver, already passed 13 months on waiver but now I am really exhausted, with clinic i have to to cover ER sometimes continously 32 hrs I have to spend out of my house....clinic then overnight in ER next day again regular clinic..... PLUS doing nursing home responsible for whole nursing home alone.... didnot get any vacation during the last 13 months..... now I got a good offer from other hospital... working on waiver transfer.... now I have few questions
1)can my waiver transfer on these basis..... I dont have any proof except ER schedule, and my employer letter stating that in nursing home i am responsible for more than 100 patients,
2)my recruiter says we will get appraval from local state dept but for H1 we need a good attorney as our case is not so strong..... is anybody hear that enen after health dept approval uscis denied H1 petition....