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  #1  
Old 07-13-2009, 07:25 PM
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Default J-1 and implications

I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.

I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
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  #2  
Old 07-13-2009, 08:54 PM
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No, you will still have to complete the requirement or else your 485 will be denied. There is no escape from waiver.

Always remember that a J1 visa is a non-immigrant visa and H1B(waiver) is dual intent. If your spouse applies for your GC(i.e. files your 485) before you have not completed your waiver requirements there are 2 things that can happen:
1. Either you will get your 485 rejected,
or
2. Your J1 visa will be denied. Always remember residency visas(J1 or H1) are given on a yearly basis and yours will get denied the next year even if you get it for the 1st year.

Infact my wife started her residency on J1 visa and my 140 was approved. She will be starting her waiver next year. I have a PD of feb 2007. I will be filing her 485 as accompnying spouse(you can use your PD even if you have received your GC:conformed this with my attorney) once her waiver is approved and if my PD becomes current. However she will still not get her final green card until she has completed her waiver requirements.
We had decided not to let USCIS define our carreer objectives and going with the flow. Looking from the likes of it she will be done with her waiver in another 3 years and still the PD won't be current.

Now look at the bright side of J1 visa:
1. Once her waiver is approved I file for her 485(she gets her EAD) using my original PD(no need to get into family based immigrtation hassles)
2. Since we have not exhaused our H1B( she gets 6 years of the same)
3. Her 1st H1B is quota exempt.
4.You save tonns of money since J1 are exempt from social security and medicare taxes etc.

You will eventually have to make your own judement call depending on your family circumstances.......so far as I mentioned we just decided to go with the flow and things seem to have worked out for us well. She got the recidency in the same place as my job was and then I got laid off 3 months back and now she got her new job in the same place where my new job is.........

Again you will have to decide how you will want to proceed per your circumstances. If you have any questions feel free to contact me.
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  #3  
Old 07-13-2009, 08:54 PM
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When you join a medical residency on J1 visa, you are subject to 2 years home residency requirement (HRR) before you can apply for green card. What that means i s you have to go back tou your country for 2 years BEFORE you are eligible for any other kind of visa or change in status. You wont be be able to apply for i-485/EAD/ green card even if your husband gets his in the meantime if HRR is not satisfied
The ONLY way to get around the HRR is to sign a contract to work in an medically underserved area for 3 years (on H1b). Once your 3 years are over, you can then apply for GC by what ever means, work or family.
Overall doing residency on J1 is easier as you dont need to clear USMLE step 3, there are more opprtunities as more programs offer J1 positions. Also, if you want to do fellowship, there are more programs in all specialities which will offer J1, not H1. Also, you dont pay medicare or social security tax on J1 which means more money. On the other hand after completing your residency/fellowship you will have less job opportunitis as you will have to find an employer who falls in a geographically underserved area. PM me if you need any more info.
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Last edited by sugaur; 07-13-2009 at 08:58 PM.
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  #4  
Old 07-13-2009, 09:33 PM
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Default Phone number

Saketkapur and sugaur what is your phone or contact info. I would like to speak with you to get more clarification. Also could you recommend any new forums discussing such topics??
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  #5  
Old 07-13-2009, 10:15 PM
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Default

[quote=harrydr;487979]I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some h
IQUOTE]

I will advice you to try to get H1 rather than get J1. No doubt J1 is easier to get but on long term basis, it is much harder to convert and takes more time and money. I have gone through this.
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  #6  
Old 07-13-2009, 11:33 PM
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Default Please explain

Can you explain in detail what your experience was and what did you get (H1 or J1)?
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  #7  
Old 07-14-2009, 12:43 PM
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PM me........
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  #8  
Old 07-14-2009, 04:38 PM
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Default

As others mentioned, If you apply for J1.. Your husband wont be able to apply for 485 for you for SURE unless you are done with J1 Waiver. You may also potentially jeopardize your husbands 485 application because USCIS may find out that you(spouse) are on J1 even if he does not apply 485 for you. I am not sure about this point thou, You may want to confirm with a lawyer.

As i see things the only safe BET is your husband applies for 485 for both of you only after you finish your J1 waiver. Again in this case if USCIS finds you have done J1 in the past, Your application could be potentially delayed because they may have to do additional checks to confirm J1 waiver etc. When it comes to USCIS IMHO its better to not give them reasons to delay your application if possible.

Since in your case as you have not started yet you are looking at 3 years of residency + lets say 3 year of J1 waiver

So for the next 6 years from the day you start residency you may not be eligible to apply for 485. And the way USCIS works where they suddenly open the window to apply, I dont think its a good idea.

I would say find a program which sponsors H1B strictly. We faced the same predicament 2/3 years back when my wife applied for residency. We strictly applied to H1B residency programs only and my wife got into one of them (She had very good USMLE scores(99/98) and some good recos/prev work exp).

Hope this helps.



Quote:
Originally Posted by harrydr View Post
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.

I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
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  #9  
Old 07-14-2009, 04:54 PM
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Default J1

Your J1 cannot be waived without the service (3 years) or home stay (2 years).
As for forums, its a good question for the physicians forums that have about 70 odd members.

See link in my signature. Remember, to joi, you must provide contact information (full name, phone number and location) and a brief bio. We often post sensitive updates on the forum and need therefore to know who is on.
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  #10  
Old 07-14-2009, 04:57 PM
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Quote:
Originally Posted by harrydr View Post
Can you explain in detail what your experience was and what did you get (H1 or J1)?
While I was looking for residency, one senior doctor told me that I should wait and get H1. At that time, I was so interested in getting residency at the earliest that I did not take his advice and instead got J1. It was only towards the end of my training that I realized that to get a waiver is so difficult, in my speciality branch. i had to get O1 visa first to buy time to look for J1, which I finally did in a remote western town.
Now it may be easier, since many VA hospitals are hiring for J1 conversion, which was not so at my time.
Again, if possible, try for H1.
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  #11  
Old 07-14-2009, 07:01 PM
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What is PM me and how can i PM someone?
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  #12  
Old 07-14-2009, 07:09 PM
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  #13  
Old 10-24-2009, 05:48 PM
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Good Afternoon IV members,

Best wishes to all of you who are seeking advice or are in a visa process of any sort.

My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.

Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it. Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?

Any advice is greatly appreciated.

Have a great weekend,

Valle
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  #14  
Old 10-24-2009, 07:28 PM
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Default J1 needs a waiver every time

see below
also please be good anough to add some details to your profile, simple things like category, PD, country etc don't reduce your anonymity in any way

Quote:
Originally Posted by Valle View Post
Good Afternoon IV members,

Best wishes to all of you who are seeking advice or are in a visa process of any sort.

My question here if any one could kindly help me: I came to work in 2002 with a J1 visa, stayed for the 3 stipulated years under the J1 visa. I wanted to changed my visa for a H1B so I got a waiver, and then I went through the process the year that they had the lottery for H1B, I made the lottery, but sadly after paying all my fees, sending all the documents that my lawyer asked my employer for that time, I did not obtain an H1B.

I do not understand this. The waiver H1 is specofically exempt from the H1B quota, why did you need the lottery? If you made the lottery though, why did you not get the H1B?

Last year I could come back with another J1, I stayed in my country for 3 years, so my new employer applied for a J1 without using my waiver, as there was not need for it.

Why did you not get an H1B this time?? Why come back on a J1 after all that history?

Now my question, I do want to change my status from my present J1 to an H1B, and I would like to know if I can use the previous waiver that I obtain with my first J1 in order to waive the 2 year residency restriction on my present J1 so that I could apply for the H1B with a new employer?


You cannot. The J1 is a "scarlet letter". Each time you take one, you need a waiver for it. You will have to get one again. By the way, did you have a physician J1? My answer about the H1B being exempt was based on that presumption.

Any advice is greatly appreciated.

Have a great weekend,

Valle
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To be a star, you must shine your own light, follow your own path, and not worry about the darkness, for that is when the stars shine brightest!
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  #15  
Old 10-25-2009, 04:14 PM
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Default Folks I need your inputs...

My case is very straight-forward but some really inefficient guy is making it complicated. I need your experience and inputs. Please do advise.

I came to US on J-1 in 2000. After 3-years on J-1 got 'waiver (i-612)" and then moved on to H1B visa and filed I-485 in july07 (with an approved I-140). I have stayed with the same university medical school (my GC sponsor) since 2000. Last month, I got a simple RFE --asking for a copy of approval notice of 'waiver' . Same was sent within a day and it followed with several LUDs and read rfe response received.....

Last week, got 'Notice of Intent to Deny (NOID)' for myself and same/ditto for my derivative-spouse. It is asking both of us to provide evidence/ IAP-66 and H1B approvals to prove our legal status from 2000 to 2006 (Please, note they asked only until 2006 and not until today). I have IAP-66 and H1B approvals ready to respond to this.

My Question is: Since my spouse/derivative was my dependant and was on J-2 visa, the IAP-66 were all in my name how should we respond to derivative's noid as-far-as IAP-66 approvals are concerned. We know IAPs and waiver are good for dependants and I want to end this back-and-forth with my response to uscis.

Please, advise and let me know of your thoughts....
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