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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105163
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am on a J1 waiver at present and a physician. I feel

Customer Question

I am on a J1 waiver at present and a physician. I feel abused at current job due to work load and several other issues from manager causing mental stress. So, I plan to leave. If I get a job with an Indian Tribe or a federal job, can I switch my J1 waiver/employer without any consequences to me? Alternatively, I will go to home country for 2 years if nothing can be done. My husband is a citizen, so, I can come back on his basis after two years. Will it affect my green card in any way if I end up leaving US for 2 years after leaving current employment? Please advise.
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

I'm sorry that you are having this issue. You can certainly change programs as long as you maintain your current status until the amendment is filed. You have to find a new program that will take you. Here are a few links:

If you find a program to sponsor you, they can file an amendment so you can go to work for them.

As far as the J-1 waiver, you can continue to try to get it or if you want, you can quit and you can go home for 2 years. Quitting will not cause you to not be able to get Residency through your spouse. It's just that you either have to go home for 2 years or you have to get the waiver.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 1 month ago.
If I file new waiver with state or Indian tribe, will I have to do 3 years or 2 years? I have completed my 14 months of waiver at current employment already.
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

You are on H-1B now, correct?

Customer: replied 1 month ago.
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Ok. To get credit for what you have already done towards the waiver, you should look for a job in the same Health Professional Shortage Area (HSPA). Do your transfer and contact the Conrad 30 program of your state and inform them. They should give you the credit. If you cannot find a job in the same HSPA, at least find one in the same state. If it is outside of the state, they may not give you credit. About the Indian reservation, you would have to ask the Conrad 30 program if they would allow you to finish your requirement there.

I have to log out for a bit, but I will be back later if you need me.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Customer: replied 1 month ago.
I m currently in Michigan. If I find an employer out of Michigan in HPSA, will I do three years of waiver then if I understood your response correctly?
Customer: replied 1 month ago.
Please respond when you read my question
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

I wish I got a salary to be online 24/7, but they don't do that. I am a practicing attorney with my own law firm. Thus I cannot be online all the time. Sorry about the delay. Besides that, they only give me a small % of your deposit. Sorry about the delay. Unfortunately, I think you know that this may be a little unreasonable. You really need to find an employer in Michigan to finish your waiver. If not, if you have to find a place outside of Michigan, then you better have some good political connections because that's what it would require. Best to stay in your own state and take care of the requirements.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of people on this site don't leave a positive rating and since I am not given a salary to be here, it's as if I spent my time responding for free. So you can understand, that's like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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