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I am on a J1 waiver job in an underserved area. I needed an…

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Hello, I am on a...
Hello, I am on a J1 waiver job in an underserved area. I needed an extension for 2 months to cover for my maternity leave off time. My employer is not approving it. Plus there is lot of mental harrassment I have to face despite seeing more than 20 patients a day. I want to transfer to a different state and work under another underserved area to finish my waiver. I am even willing to work for additional 3 years there even though I only have 6 months left for my waiver. Is it possible to transfer? I had spent hundreds of dollars in past one year to find an attorney that will guide me correctly but everyone I met is so negative and states “it is hard”. Well, I just need to know what I need to do to make my case strong for USCIS so that it approves transfer. My husband is a US citizen. I have two kids and third one on the way. Leaving US for 2 years will have strong negative impact on my family. Will that make my case stronger? Please advice and please read my question carefully before replying. Some attorneys read the question half-asleep and that only wastes their and my time. Thanks
Submitted: 2 months ago.Category: Immigration Law
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Answered in 22 hours by:
12/18/2017
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,340
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Customer reply replied 2 months ago
Thanks. I will wait for your reply. You had guided me correctly in past as well (last year).
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

I assure you I am not half asleep.

We must weed out all your facts based on hardship because you have not sought a hardship waiver but one based on Conrad 30. You cannot get a waiver for two different grounds.

So now you have to concentrate on your "extenuating circumstance".

First congradulations on your brand new bundle of joy and being a new mother!

You say you are required to see more than 20 patients a day.

Are you having to work more than 40 hours a week as stipulated in your LCA?

Can you document your hours and the volume of charts per day?

Is your ability to provide competent medical service to the patients diminished by the volume and if yes, how?

There is the immigration queen of J1 doctors in Washington, DC - Jan Pederson at Maggio & Katttar? She has been focusing her practice exculsively on J1 doctors for nearly 25 years. There are few published decisions on "extenuating circumstances" and therefore attorneys' opinions need to be based on their volume and experience with filing transfer of employment with USCIS.

Judith

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 months ago

I have focused my above questions on ability to provide competent care and possible violations of the LCA because proving "mental harassment" is difficult without having sought professional counseling for such. Therefore you need to work with hard facts which you can prove.

Judith

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Customer reply replied 2 months ago
I am willing to see a psychologist if you recommend. Not to create false information but for genuine reasons. There are days when I think of ending my life due to the way they treat me but just because of my little ones, I do not take drastic steps. We have electronic health records, so, I do have records of number of patients per day. I have negative text messages from them as well where they have talked about poor performance by me despite me doing the best I can. I have positive online reviews from patients to prove how much my patients value me.
Customer reply replied 2 months ago
There are incidents where they invite me to so called “meetings” which are more like victimization as they sit across the table with me in absence of manager or other employees and again talk negative about me not producing enough revenue for them and there have been incidents where they start a completely irrelevant sexual topics about someone impregnating females or talk about a fellow female employees (from hospital) sexual encounters in past. I feel very uncomfortable talking to them as I do not like sexual talks when it has nothing to do with my work in the clinic. These owners do not supervise my work as they all have their own practices but still has negative comments about how I work. I have tried talking to the manager and rest of staff as to who gives them wrong information about me and they all (staff) act surprised because they (staff) thinks I am the best thing that has happened to patients of their practice. So, they are just harrassing me because I refused to cover nursing home and do any extra work outside my approved work area. But its affecting my performance and day to day life. So, I want to get out of this mess before I actually end up doing something drastic.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 2 months ago

I am going to opt out. Your comments about suicide have made me uncomfortable and I may need to report this to the site as a suicidal customer. I cannot take any risk of you doing harm to yourself.

Judith

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Customer reply replied 2 months ago
Ok. If thats what you wish but I said I had thought of it on certain days, not going to do it. My kids need me. Thanks for your help so far. America is not as fair as I thought either for women!
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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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