J1 Waiver Transfer

azphoenix

Registered Users (C)
IM/FP J1 waiver opportunity in Phoenix ,AZ in a large federally qualified comminity health center.The last date for state health deparment to accept application is November 30,2010.

Contact: dsingh@mphc-az.com
 

TroyGomez

New Member
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.
 

Lizzie_G

Registered Users (C)
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.

Good Luck.

cant but agree with you;)
 

hippoats

New Member
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.

Yes it is possible, but line up the transfer position first. You don't want to find yourself out of status if you quit your current position without one lined up. h1j1physicians.com has lots of good information on J-1 Waivers.
 

rabbit234

New Member
Question about lawyer

Hi cerruti,

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.

Thanks!
Best




drjavi





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:)
 

DM1226

New Member
Question about lawyer

Hi cerruti,

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.

Thanks!
Best

Hi, Could you please send me the name of the 4th lawyer who successfully helped you with your case. Thank you
 

sunil1991

New Member
Hello Every one ,

I need your input on my situation . I am currently doing a j1 waiver job and I just started the job 2 months back . My current employer got approval from USCIS saying that I will be working at my current location which is location A but now he is asking me to see patients from a different location B via Tele video . I actually trained in child psychiatry and I signed up to do Inpatient child psychiatry job at the current location A but now he is insisting that I start seeing patients from some rural part of the state as he is getting a Tele psych contract and he is in the process of applying to USCIS for getting an approval for that site also so that he can force me to see patients from that site only and he is saying that I will no longer be allowed to see child psych patients at the current facility . My contract says that the i am actually approved to work is Location A .

Can an employer move an Employee from Location A to Location B by applying to USCIS for approval without employees sign and agreement ?

My current employer is also threatening to fire me if don't agree to move my primary job from location A to B. Can he do that and if he fires me how much time will we get before we can find a new job and will j1 physician be out of status once his employer fire him .

Please provide some insight .
 

Childfellow

New Member
Sadly I have been in pretty similar situation for A while. Few things I have learned in the process:

1) for USCIS, the approved site is the one that is written in you LCA as part of H1 petition

So, check what site is mentioned on ur LCA

2) If your employer wants you to work at a different site now, he needs to amend your LCA + H1 petition

basically, if you work at a non-approved site, you are the one who can be later penalized

So, if working at site B is ok with u, u should ask your employer to do the paperwork for your H1 amendment

Remember, he can't force u to work at site B, as you need to be fine with the h1 amendment

3) Now, if your employer not can force you..,they can certainly threaten you

So you can do few things if you are sure that working at site B is not suitable for u for next 3 years

-- as per Simio landmark court case, your work at site B can be covered as a "short term placement" for up to 60-90 days

So you can tell ur employer u need some time to try our things with site B to see how u like it. And, that if its ok....you are fine to file for h1 amendment in next 1-2 months

This will buy u time to look for another job

Do not resign before having next job lined up!! This is most important thing

-- get a good labor lawyer to get ur current contract reviewed. So u know whether u will have to pay back some signing bonus or something when u leave. It's worth the $$ to get good lawyer advice

Also, u can do 1-2 hour phone consultations with some good immigration lawyers as well along the side. They charge u anywhere from $100-300/hour, but they are able to individually review your circumstances to guide u how strong ur case is for extenuating circumstances j1 waiver transfer

Good luck!
 

buithanhhang

New Member
I 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....
thank you
 
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