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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I completed 2 years of ACGME training on a J1 visa at St

Customer Question

hi
JA: Hello. What is your issue regarding?
Customer: i completed 2 years of ACGME training on a J1 visa at St Joseph Mercy Oakland Hospital
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: no
JA: Have you talked to a lawyer yet?
Customer: not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: I chose to withdraw from the program 2 days ago because of issues with professionalism
Submitted: 2 months ago.
Category: Immigration Law
Customer: replied 2 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Judith replied 2 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Was your J1 sponsored by ECFMG as a physician for graduate medical training?

What is your exact question?

Judith

Customer: replied 2 months ago.
it was. I had issues with professionalism(that was unfair to begin with) in my training program, was given a remediation period and then told that i haven't successfully completed it so was given the option to get terminated or voluntarily withdraw with 2 yrs of ACGME accredited training. I chose that option.I was seeking employment elsewhere, hopefully on a J1. Now the ECFMG informed me that they cannot sponsor my J1 due to issues with professionalism and i have to seek training elsewhere on a H1-B visa. The options given to me were unfair to begin with and now the ECFMG's withdrawl of support on J1 is completely unfair. What do i do at this point?
Customer: replied 2 months ago.
During my remediation period i was being told that i was doing a good job and everything was heading in the right direction. Then all of a sudden i was told that i didn't do a good job and was given the above options.I don't know what to do at this point and am extremely stressed a)with how i was treated and b)ECFMG's withdrawl of further J1 sponsorship which would be a big help in seeking employment elsewhere. I don't want to work at the same hospital so i'm not looking to get reinstated there but the withdrawl of support from ECFMG is unfair
Customer: replied 2 months ago.
If you're able to chat over the phone i can take you through the scenario
Expert:  Judith replied 2 months ago.

You cannot get an H1B because of your 2 year home residency rule under your J1 through ECFMG. The only thing you can do is to retain an attorney and attempt a mediation with ECFMG to have the termination regarding professionalism removed from your records so that you can change where you do your training to finish your residency.

From the moment your J1 is revoked by ECFMG you are here without status so you need to move quickly in finding an employment law attorney to mediate with ECFMG and perhaps bring this up as being caused by bias by your supervising program director at the facility.

I sent you an offer for a phone discussion and you need to accept it for me to be able to call you.

Judith Ludwic

Customer: replied 2 months ago.
I didn't get terminated and my J1 didn't get revoked. However i can't seek another position on a J1 because at this point the ecfmg says they cannot sponsor it sec to professionalism issue that they have on record but told me clearly thati do have the option of seeking other employment on h1b if i choose to do so
Customer: replied 2 months ago.
If my employment got terminated i'm not eligible for a 30 day grace period that i have now
Customer: replied 2 months ago.
My only option at this point is to get employment on a h1b. But i feel its unfair to withdraw further sponsorship on j1
Expert:  Judith replied 2 months ago.

ECFMG rarely terminates a physician from their program. They obviously were relying on the word of the medical facility program director and apparently there was a poor relationship between the two of you.

It is irrelevant if you voluntarily left or if you were terminated because the result is the same, you are barred from another facility under the J1 and cannot get an H1B without fulfilling the 2 years.

You do not have any grace period if you leave a program. Only upon completion.

and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Customer: replied 2 months ago.
The homeland dept has provided me with the grace period because my program again didnt terminate me. They made a deal with me to not cause any problems with credentialing or licensure and will not give details of my withdrawl that they violated. The ecfmg is saying that they cannot sponsor further j1 time but it is ok for me to seek training on another sponsorship visa that is h1b at this point
Expert:  Judith replied 2 months ago.

There are only two says a FMG can get a waiver of the two year home residency rule once they enter the US using that visa or do a change of status to the J1.

1. Conrad 30 waiver working as a physician in a HPSA/MUA; or

2. A showing of hardship to a US citizen spouse if you have to return to your home country.

Without a waiver you cannot get H1B status. You are barred under INA 212(e). I have worked with dozens and dozens of J1 docs and I know the laws under the ECFMG J1.

So your only option is to get a lawyer to fight the charge of unprofessionalism and be able to continue on the J1.

I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
I hope that I have provided excellent service and, if so, would love a 5 star rating. If not, please let me know how I can further assist you. In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Customer: replied 2 months ago.
Alright judith. Thank u for ur time but another lawyer told me that i'm still eligible to seek employment elsewhere on h1b so i'll discuss it further with him
Expert:  Judith replied 2 months ago.

OK good luck. J1 doctors are a unique specialty in immigration law and if they have worked in this field they know you are not eligible for an H1B under 212e.

Look at (iii) at this link

http://www.visalaw.com/wp-content/uploads/2014/10/212e.pdf

All the best. I can tell you I am an expert in this with 35+ years and hundreds of J1 doc waivers.

Judith