January 31, 2011 - We received a premium processing H-1B visa waiver transfer approval for a pediatric neurologist who applied for a J-1 waiver transfer after the termination of his previous employment. After the termination, he found a new employer within a couple of weeks. The new employer is located in a medically underserved area in the same state as his former employer. We submitted the H-1B/J-1 visa waiver transfer (premium processing) application on January 20, 2011 and received the approval on the 31st. The application was received by the USCIS for premium processing on January 21, 2010.
In the J-1 visa waiver H-1B transfer application, we relied on several reasons to meet the extenuating circumstances standard. First, the physician was paid less than the actual wage stated in the contract. Second, the physician was directed by his employer to engage in what the physician believed to be medically unnecessary tests. Finally, the physician’s patient’s tests were changed by the employer in an effort to enhance billing amounts. Ultimately, the former employer suspended and terminated the physician due to the resulting on-going conflicts. The extenuating circumstances were detailed in a statement we prepared on behalf of the physician.
With new employment in a medically underserved area, the USCIS approved this J-1 waiver transfer, permitting the neurologist to complete his waiver service at the new location. In addition, the USCIS approved the transfer and continuation of the H1B status without requiring that the physician leave the country for a stamp before commencing the new employment.