"out of status" definition and GC track for specialists

[patricma]

Here is my situation, maybe you have some suggestions.
I did a 2 year transplant surgery fellowship (no US residency before), ended it Jan 31 2005. J1, of course. Now I am in Germany (not my home country, so no home return) doing General Surgery and transplant. I want to return to the US and I found a few sites that are willing to discuss J1 waivers in General Surgery. What does "out of status" actually mean - if I already left the USA immediately after finishing the fellowship, can I still qualify for a waiver? What do you think?
Second, if I return on a J1 waiver, what is the way to get the GC as a specialist?
Thank you.

 

[J1victim]

Transplant surgery and GC

.... Here is my situation.......

I did a 2 year transplant surgery fellowship, ended it Jan 31 2005. J1, of course. Now I am in Germany (not my home country, so no home return) doing General Surgery and transplant.

>>> when did you leave US? how was your I-94 (the white form that you get when you enter the US and is stapled to your passport) stamped? D/S or it had a definite date on it. If it had a definite date, what was the date? you are supposed to leave the US-
-- before the actual expiration date written on ur I-94 OR
-- if I-94 is stamped D/S, then within 1 month of end of ur J1 program (expiration date on ur DS-2019) (this 1 month is grace period for making preparations for leaving the US)

I want to return to the US and I found a few sites that are willing to discuss J1 waivers in General Surgery. What does "out of status" actually mean - if I already left the USA immediately after finishing the fellowship, can I still qualify for a waiver?

>>> yes you may qualify. depends on when u left the US (actual dates).

Second, if I return on a J1 waiver, what is the way to get the GC as a specialist?
>>> 3 ways:
1. your employer files an immigrant petition under EB2 category (so you are employer dependent) OR
2. u file an EB2 NIW self petitioned OR
3. u file an EB1 NIW self petitioned.

since you did transplant surgery, you have a good chance that you will get your green card (GC) approved under EB2 or EB1 (option 2 and 3 above).

.