Current J-1 Physician - Needs to know options.

[CanuckChuck 0]

Hi everyone,

I am a Canadian Citizen currently in the USA, training at a hospital as an emergency physician on a J-1 visa. This visa permits me to live, train and even be paid while training in the US, for the duration of the program, which ends in June 2018. The visa also states I must return to Canada to fulfill a two-year return of service, or residence. The real problem lies in the fact that the regulating bodies of medicine in Canada (RCPSC) do not recognize the training in the US.

I believe the most clear option is to obtain a J-1 visa waiver, through an employer who will sponsor this. I would like to ask these forums if there are any folks familiar with other processes:

1) Is anyone familiar with the process of obtaining a J-1 waiver specifically for Emergency Medicine? I have visited multiple sites, and it appears I would be seeking a "flex" slot for Emergency Medicine.

2) Is it possible to change my status now, during residency (my training program), to perhaps something that indicates immigration intent, such as H1-B visa?

3) I am currently involved in a common-law spousal arrangement with my wife and my son, who live in Canada, and I visit my home there monthly. Does this count towards my two years of residence in the home country?

4) Would I be eligible for a National Interest Waiver, Employment Authorization Document, or simply apply for a Green Card outright?

These and many more questions I have. Very grateful to have come across these forums. Thank you in advance for your responses.

Mark

[Boiler 43,429]

You do not do anything really, all down to what your Employer wants to do. So first port of call would be a chat with HR and their Immigration Lawyer.

[controlla 104]

I believe you may be able to get a J-1 waiver by working in an underserved/rural part of the US after your training is completed.

[CanuckChuck 0]

As a follow-up question regarding the J-1 visa waiver, what is the typical progression towards permanent residence? Has anyone followed through with a National Interest Waiver while working in an underserved/rural part of the US?

[Boiler 43,429]

Marriage to a USC.

[CanuckChuck 0]

Currently common-law with another Canadian, we have a son. So marrying a USC is not a true, ahem, moral option.

[Boiler 43,429]

You are not typical

Employer would need to sponsor you.

[Harpa Timsah 13,258]

Why would you do this in the US if Canada doesn't recognize it and you are in a relationship in Canada?

[Boiler 43,429]

Why would you do this in the US if Canada doesn't recognize it and you are in a relationship in Canada?

I did wonder the same but was too polite to mention it.

[CanuckChuck 0]

For one, love, but its also more complicated than that. I made the decision to pursue medicine over eight years ago, but after finishing university, I applied to Canadian medical schools and was not given a spot. So I was left with 80K in debt, and no real job. Several of my colleagues were going to medical schools in the Caribbean, completing their training and residency in the US, and making their way back to Canada. For the most part this was the plan - until I fell in love with emergency medicine and was given several recommendations to pursue this field. The match (a rank-based lottery system for graduating medical students to continue their training in a residency program) is a complicated process, and nonetheless I matched in an emergency medicine program. So here I am. Pot-committed (debt), in the US, in a field in medicine that I love, but with no clear or easy pathway to Canada. I have accepted this, and have also come to love the USA and its people, and I now seek the wisdom of this forum and the expertise of several immigration attorneys.

[Mounat 74]

For one, love, but its also more complicated than that. I made the decision to pursue medicine over eight years ago, but after finishing university, I applied to Canadian medical schools and was not given a spot. So I was left with 80K in debt, and no real job. Several of my colleagues were going to medical schools in the Caribbean, completing their training and residency in the US, and making their way back to Canada. For the most part this was the plan - until I fell in love with emergency medicine and was given several recommendations to pursue this field. The match (a rank-based lottery system for graduating medical students to continue their training in a residency program) is a complicated process, and nonetheless I matched in an emergency medicine program. So here I am. Pot-committed (debt), in the US, in a field in medicine that I love, but with no clear or easy pathway to Canada. I have accepted this, and have also come to love the USA and its people, and I now seek the wisdom of this forum and the expertise of several immigration attorneys.

Hire a good lawyer and work with your employer to make this happen. You are not the first to contemplate or do this. Find a lawyer with specific and proven J-1 knowledge and get your employer on board.

While mostly self evident, you don't really have to articulate your motives on this forum.

[squareleg 69]

Hi everyone,

I am a Canadian Citizen currently in the USA, training at a hospital as an emergency physician on a J-1 visa. This visa permits me to live, train and even be paid while training in the US, for the duration of the program, which ends in June 2018. The visa also states I must return to Canada to fulfill a two-year return of service, or residence. The real problem lies in the fact that the regulating bodies of medicine in Canada (RCPSC) do not recognize the training in the US.

I believe the most clear option is to obtain a J-1 visa waiver, through an employer who will sponsor this. I would like to ask these forums if there are any folks familiar with other processes:

1) Is anyone familiar with the process of obtaining a J-1 waiver specifically for Emergency Medicine? I have visited multiple sites, and it appears I would be seeking a "flex" slot for Emergency Medicine.

2) Is it possible to change my status now, during residency (my training program), to perhaps something that indicates immigration intent, such as H1-B visa?

3) I am currently involved in a common-law spousal arrangement with my wife and my son, who live in Canada, and I visit my home there monthly. Does this count towards my two years of residence in the home country?

4) Would I be eligible for a National Interest Waiver, Employment Authorization Document, or simply apply for a Green Card outright?

These and many more questions I have. Very grateful to have come across these forums. Thank you in advance for your responses.

Mark

Not certain, why you are in US if your training is not recognized in your home country. It appears that your love as you noted is back home.

H1-B are complex visas. The window opens on 4/1 of every year and you start working on 10/1. You will go through lottery system so it is a matter of chance.

Considering you debt and stuff. If you want to live and practice in US. The only option is to fall in love again in US and get married.

[controlla 104]

Not certain, why you are in US if your training is not recognized in your home country. It appears that your love as you noted is back home.

H1-B are complex visas. The window opens on 4/1 of every year and you start working on 10/1. You will go through lottery system so it is a matter of chance.

Considering you debt and stuff. If you want to live and practice in US. The only option is to fall in love again in US and get married.

WRONG. Hospitals, most of which are non-profit, are exempt from the H1B cap. They can file an an unlimited amount of H1B visas at anytime during the year and he will not have to go through the H1B lottery. My advice to OP, consult with a lawyer. You can get a J1 visa by working in a rural area then find a hospital that will file your cap exempt H1B (this is relatively easy for doctors) then you pretty much get an employment based green card after working for that hospital for a specified number of years.