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CanuckChuck

Current J-1 Physician - Needs to know options.

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Filed: J-1 Visa Country: Canada
Timeline

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

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Filed: K-1 Visa Country: Wales
Timeline

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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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.


AOS FROM - F1 OPT                                                                                                                                             ROC
Day 00 - Jun-08-2016 - AOS Package Delivered [Chicago Lockbox]                                                          Day 00 - Mar-12-2018 - ROC Package Delivered [California Service Center] 

Day 13 - Jun-21-2016 - Hardcopy NOA  for I-485, I-130, I-765                                                                   Day 09 - Mar-21-2018- Check Cashed                                                                   

Day 17 - Jun-25-2016 - Biometrics Letter [Appointment July 5]                                                                 Day 11 - Mar-23-2018-Received NOA Letter

Day 50 - Jul-28-2016 -  Case Is Ready To Be Scheduled for an Interview                                                 Day 68 - May-18-2018 - Received Biometrics WAIVER Letter

Day 61 - Aug-08-2016 - AOS Interview Letter [interview Date Sept 7]                                                       Day 159 -Aug-17-2018 - Received 18 Month Extension Letter

Day 71 - Aug-17-2016 - Interview Cancellation Letter [unforeseen Circumstances]                              Day 406-Apr-22-2019 - New Card Is Being Produced

Day 79 - Aug-25-2016 - New AOS Interview Letter [New Interview Date Sept 27]                                   Day 410-Apr26-2019 - Received ROC Approval Letter

Day 85 - Aug-31-2016 - Received EAD Card                                                                                                    Day 414- Apr-30-2019 - Received 10-year Green Card :dance:

Day 112 -Sep-27-2016 - AOS Interview [Case Status: New Card Is Being Produced] 

Day 118 -Oct-03-2016 -  Received AOS Approval Letter

Day 121 -Oct-06-2016 - Received Conditional Green Card [ROC opens ~ Mar 10, 2018]

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Filed: J-1 Visa Country: Canada
Timeline

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?

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Filed: K-1 Visa Country: Wales
Timeline

Marriage to a USC.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
Timeline

You are not typical

Employer would need to sponsor you.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

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Filed: K-1 Visa Country: Wales
Timeline

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.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: J-1 Visa Country: Canada
Timeline

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.

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Filed: Citizen (apr) Country: Canada
Timeline

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.

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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.

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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.


AOS FROM - F1 OPT                                                                                                                                             ROC
Day 00 - Jun-08-2016 - AOS Package Delivered [Chicago Lockbox]                                                          Day 00 - Mar-12-2018 - ROC Package Delivered [California Service Center] 

Day 13 - Jun-21-2016 - Hardcopy NOA  for I-485, I-130, I-765                                                                   Day 09 - Mar-21-2018- Check Cashed                                                                   

Day 17 - Jun-25-2016 - Biometrics Letter [Appointment July 5]                                                                 Day 11 - Mar-23-2018-Received NOA Letter

Day 50 - Jul-28-2016 -  Case Is Ready To Be Scheduled for an Interview                                                 Day 68 - May-18-2018 - Received Biometrics WAIVER Letter

Day 61 - Aug-08-2016 - AOS Interview Letter [interview Date Sept 7]                                                       Day 159 -Aug-17-2018 - Received 18 Month Extension Letter

Day 71 - Aug-17-2016 - Interview Cancellation Letter [unforeseen Circumstances]                              Day 406-Apr-22-2019 - New Card Is Being Produced

Day 79 - Aug-25-2016 - New AOS Interview Letter [New Interview Date Sept 27]                                   Day 410-Apr26-2019 - Received ROC Approval Letter

Day 85 - Aug-31-2016 - Received EAD Card                                                                                                    Day 414- Apr-30-2019 - Received 10-year Green Card :dance:

Day 112 -Sep-27-2016 - AOS Interview [Case Status: New Card Is Being Produced] 

Day 118 -Oct-03-2016 -  Received AOS Approval Letter

Day 121 -Oct-06-2016 - Received Conditional Green Card [ROC opens ~ Mar 10, 2018]

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