J1 waiver while doing fellowship

Baco

Registered Users (C)
Hello all,
I have a question for other experienced physician that probably had gone through the same: I am on my first year of fellowship (out of three) on J1 ECFMG. The tenure track in my institution requires faculty appointment for the fellows, so I am at the instructor level with a full state medical license.
Along with meeting all the other requirements for the Conrad 30, Are those credentials (faculty appointment as instructor and full license) good enough to apply for the Conrad 30 while still being a fellow? In other words, Can I get the J1 waiver and H1 if I still have 2 years left of fellowship? Normally one could apply during the last year of training, but I wonder if the DPH and USICS will allow something like this.
Thank you for your input
 
Last edited by a moderator:

hadron

Registered Users (C)
It could probably be pulled off, but it sort of goes against the idea behind the whole waiver program. The idea is that you provide patient care on a full-time basis, if you are still officially a trainee that would be debatable.

USCIS is slow but not stupid. If you get them upset, they can get outright nasty. Many years ago, there was a yahoo who got himself a NIW petition for a job somewhere in the boonies while he was doing a primary care residency. Instead of going to his job, he went to NYC to do a radiology residency. After he graduated residency the feds took a look at this and very unceremoniously deported him.
 

Baco

Registered Users (C)
Thanks Hadron,
Totally agree, never intending to go against any USCIS rule, I just wondered if they would approve or not a case like it.
 

psychmd7

Registered Users (C)
I think he means normally you would start the waiver process in the last year of your fellowship for a job right after completion of the fellowship.
 
Top