J1waiver/H1B transfer to another employer

[gaston7]

Hi,

I am currently doing my J1waiver with H1B in Massachusetts. I know of people transferring their waiver to a new employer. My attorney has advised me not to; he says I have to prove "extenuating circumstances". There are better offers than my current job also in underserved areas that would qualify for a waiver, but there are really no "extenuating circumstances" in my current job to justify a transfer, other than some disatisfaction on my part.

Is a J1waiver/H1B transfer possible without putting your waiver at risk? Can you do it just because the market offers a better option that would qualify as well? Does anyone have any experience on this? Thanks!

 

[cody]

I know of friends in similar situations who all have been advised th same - not to leave until you finish 3 years. I know it sucks!

 

[hadhkardi]

Do not quit

Several of my friends on J-1 waiver job have changed their jobs during the three year period. On of them not only quit but also moved to another state under the conrad 20 program. All of them were either fired from their job or their employers were willing to write a release letter.It's not an impossible thing to do but unless you are in a situation where you rather go back to your country than to continue in the current job do not try to change jobs.
Most of my friends on GC/Citizens also have issues with their jobs. So hang in there and start your own practice after GC because there is no perfect job unless you work for yourself.

 

[hadron]

sponsor yourself

Alternatively you could buy a LLC or PC 'shell', a practice that exists as a corporation but is not necessarily active at this time.
(You might need a partner for the purchase so you don't appear as the controlling entity towards the goverment.)
If you put enough capital into the corporation to pass the 'ability to pay' provisions for the H1b, you can essentially sponsor yourself and employ yourself. (It has been done).

I have heard of people changing jobs, but only in settings were the old employer had no problem with the fact that the waiver doc was leaving (one case the hospital/clinic went belly-up and all the waiver people started scrambling for jobs)

Some states have very stringent rules on employer changes, I don't know about Mass.

 

[greeno]

J1 Victim exploited.

My wife is also going through a J1 waiver in california and feels she is being exploited. the practice makes her work 10 hours and on top of that CALLS EVERYDAY !.

she wants to change . is it possible ?

 

[hadron]

> My wife is also going through a J1 waiver in california and feels
> she is being exploited.

Unfortunately an all too common scenario. Also unfortunately there is only limited recourse against this. It absolutely enrages me that most commonly the person perpetrating the exploitation is actually a countryman of the victim.

> the practice makes her work 10 hours and on top of
> that CALLS EVERYDAY !.

I have friends in Cali who are US graduates. This sounds pretty much the deal many junior partners and employees in Cali seem to get anyway.

> she wants to change . is it possible ?

You have read the thread. It is possible, but especially if she tries to leave one employer to go to another, there is ample opportunity for the former employer to sabotage her status.

The first step is to find out from the Department of health of california whether they have a policy on changing employers.
Some states deal with it on a 'we don't care, just show us that the new location is underserved' basis.
Other states have elaborate policies on this. (I don't know a thing about Cali in this regard)
Some states have an elaborate process by which a site has to be 'approved' before they can get a Conrad waiver (you need to proove that the practice exists for a certain time and that you haven't found a USG in the preceeding year etc.) In these 'pre-approval' states it would naturally be more difficult to switch.
Some states view you leaving an employer as a breach of your committment and might report that to DOS as such(--> you screwed)

As bad as it is, especially in cali she might be forced to just 'close your eyes and think of england'.