Self Help - J1-Waiver transfer

drrambo

Registered Users (C)
I succesfully transferred waivers in march to a VA hospital as hospitalist and Really happy with my new job.
There is no exploitation and is a really good job. I ll stay here even after I m done with green card.
I filed premium processing and it took 11 days.
 

drrambo

Registered Users (C)
My previous employer started breaching the contract when he found out i was looking to switch waivers
stopped paying rental allowence which was part of my contract and was clearly stated to be 500 dollars a month. They had not paid this for 8 months which was 4000.

I also did not receive christmas bonus which was 2000 and i was the oly employee that did not receive this.

Any advice .Do you think I should sue them
 

pk2009

New Member
All of the well known attorneys have been known to make blunders.
S Jeffries too.
You got to know the stuff and check all that they do.
They all make mistakes.
 
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m_img

Registered Users (C)
All of the well known attorneys have been known to make blunders.
S Jeffries too.
You got to know the stuff and check all that they do.
They all make mistakes.

I worked with three attorneys, all well known as well, and all three made errors. One even had put wrong name and specialty as he copied someone else's file and made changes to that and forgot to change name etc.... I insist that the lawyer send me the final package before submitting. I think everyone should do this.
 

gopo

Registered Users (C)
Please help J1 transfer

Hi
I am trying to tranfer my J1 waiver. Can anyone help. Can I fill my petition myself. All the lawyers are tell me different stories.
I have a letter saying "Due to unforseen circumstances his practice volumes were low and he decided to leave the area".
Do you think this is enough extenuating circumstances. My lawyer says no, he decided to leave the area but I am looking for a transfer it is the same thing.
Can you recommend a good lawyer who did this before.
Is premium processing bad, I heard the USCIS clercks are more strict in premium than regular processing?
 

kidsdoc

Registered Users (C)
Hi gopo
Tranfer is not a big deal.all you have to do is inform your waiver agency--VA/Sate Dept etc which ever approved your earlier waiver,that you are changing to another MUA/VA job because of wat ever reasons and apply for a new H1 from your new place of work.There is nothing called J waiver transfer all you need is a letter from the aganecy stating that ne wjob is in MUA and new H1b ( i did this back in 1999) Hope this helps
Kidsdoc
 

m_img

Registered Users (C)
Hi gopo
all you have to do is inform your waiver agency--VA/Sate Dept etc which ever approved your earlier waiver,that you are changing to another MUA/VA job because of wat ever reasons and apply for a new H1 from your new place of work.There is nothing called J waiver transfer all you need is a letter from the aganecy stating that ne wjob is in MUA and new H1b
Kidsdoc

The letter is not required... but... it is good to get supporting letter. If you you send a copy of the letter you got from your employer, they would probably write supporting letter....

As it is mentioned above, it is just H1-B transfer. Premium processing should not cause any extra scrutiny. Just go through this thread and get as many supporting documents you can. And should be ok.

I did with premium processing and was not a problem. You don't need lawyer for this. Any specific question, post here... someone will hopefully answer it.

Good luck!
 

j1hell

Registered Users (C)
Green card after J1 waiver transfer

I've heard different opinions on this matter...

If you transfer to another place during your J1 waiver period (another underserved area), does this put a red flag in the future if you want to apply for green card?

Will USCIS ever go back to the original state agency that sponsored the waiver if you transfer your waiver without the state DOH approval but with the approval of USCIS?

Thanks,
 

j1hell

Registered Users (C)
I guess I just want to know if there is somebody out there that transferred their waiver and got their green card without problems.....
(did they need any letter from the original agency that sponsored the waiver to apply for green card?, ?
 

gondalguru

Registered Users (C)
I transferred my J1 just by using self affidavit that employer was paying less then what was written in contract and my J1 transfer was approved with in 2-3 days. I did email my state's primary care office personnel about the change but that was after everything was done. He just email me back that it was fine and they actually thanked me for serving as a J1 waiver.

So most likely you don;t need a letter. I don;t think USCIS goes back to your J1 file during GC process. All USCIS wants is a proof of three years completion (which includes w2 forms, IRS tax returns, pay stubs and employer's letters if you have those... and thats it)

Being a J1 one becomes very paranoid (including myself) but through experience I have learned that USCIS doesn't really care as long as you fulfill your requirement and that is to complete three years of service in an underserved area. ONce you get J1 approval and start working on H1 -- its out of the state agency's hand.... this is true for most of the states...

These are just my thoughts... Please contact an immigration attorney if want expert advise.
 

luzi

Registered Users (C)
Did you move within the same state?

And as you state, your 5 years will be done on 08/31/2008. Is it worth for all paperwork and related aches for say two months?
 

gondalguru

Registered Users (C)
And as you state, your 5 years will be done on 08/31/2008. Is it worth for all paperwork and related aches for say two months?

I transferred my J1 almost 4 years ago(like 7-8 months after I started waiver). Yes my NIW 5 years will be done in a about 6 weeks from now.

I have two I-485 pending. One is PERM based and other is NIW based. Now as my PD becomes current from August 1st, 2008. I am hoping that PERM based i-485 is not apporved within next two to three months. I really want my GC through my NIW process so that I don;t have to be stuck with the current employer for like 5-6 months time period after receiveing GC.
 

luzi

Registered Users (C)
Help me understand this.......

Why a physician has to stick with the current employer for 5 - 6 months after receiving the GC if he obtains it via PERM (Employer sponsored) Vis A Vis via NIW (Self sponsored)?

Did you move within the samt state.

Muchaas Gracious!
 

paskal

Registered Users (C)
sponsored or not is the difference

nobody really knows how these rules are applied to physicians that serve a specific commitment in time. however, in general the difference is:

EB2-with LC- is psonsored by an employer, so the basis for the GC is that you will take the job that you were certified for, once you get a GC. 6 mnths is the minimum period (colloqially) that you have to work before you can "change your mind (and job)".
If you move under AC21, that link is ended. You just need a 'similar job".

EB2 NIW is self petitioned. It ahs a specific commitment period- 5 years. Once that is complete- you have no link to the employer and the employer has no link to your GC petition.
 

j1hell

Registered Users (C)
Has anyone currently applying for green card (or anyone who already has a green card approved), been asked to submit any kind of "proof" of waiver completion? (specifically letters from the state's DOH)
Thanks,
 

gondalguru

Registered Users (C)
Has anyone currently applying for green card (or anyone who already has a green card approved), been asked to submit any kind of "proof" of waiver completion? (specifically letters from the state's DOH)
Thanks,

I had an RFE on my NIW based I-485 last September specifically asking for the proof of three years of j1 waiver completion. But it didn't ask for a DOH letter.

All we submitted was a package with last three yrs of IRS tax returns, w-2 forms and current pay stubs and a cover letter detailing employment history for the period of J1 waiver with exact time line.
 
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