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Immigration Prescription for Physicians
 
 
In This Issue
Question of the Week
Immigration News!
Do's and Don't for Physicians
Department of Veterans Affairs
Question of  Week
 
Question:
 

What is the processing time for obtaining an extension of my advance parole and do I need advance parole to travel while my green card is pending?

 


Answer:
 

Currently, it is taking the CIS about 120 days to process applications to extend advance parole.  One may not apply any earlier than 120 days before one's advance parole expires, so you do want to file it right at the 120-day mark.  If one is currently working pursuant to an H-1B visa, one may leave the US while one's I-485 is pending and return using the H-1B visa without abandoning the I-485.  This is called dual intent.  Using advance parole to travel may affect those still working pursuant to a J1 waiver, so before you do this, you should seek advice of the qualified attorneys at Badmus Law Firm. 

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News!!! 
 
The U.S. Embassy in Islamabad Pakistan reopened for consular processing on September 29, 2008.  Non-Immigrant visa applicants are requested to contact their local American Express office to reschedule their appointments.

 
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Weekly Newsletter 
October 10, 2008
Greetings!

Greetings:
 
Welcome to this week's installment of issues affecting foreign-born physicians.  The topic this week is J1 waivers from the Department of Veterans Affairs.  Read on for more information.

Do's and Don'ts for Physicians

 
Dos and Don'ts
 

Do make sure you work at least 40 hours per week at the location approved for your J1 waiver during your full waiver period.
 
Don't be hesitant to seek assistance from competent immigration counsel if your employer is requiring you to work at a different location than you have authorized, is not paying you what is required to be paid by the H-1B visa petition, or is not complying with the terms of your contract.
Department of Veterans Affairs (VA Waiver)
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Waivers through the Department of Veterans Affairs (VA Waiver)

As we mentioned in prior articles, a physician that enters the United States on a J1 visa to pursue medical training is required to return and spend two years in the physician's home country prior to returning to the United States in H-1B or L status or obtaining permanent residence.  This is referred to as the two-year foreign stay requirement.  A physician can have this requirement waived.  One method to avoid the two-year-foreign-residency requirement is to obtain a VA waiver. The VA waiver is available to physicians coming to work in facilities run by the Veterans Administration (VA).  Unlike some of the other Interested Government Agency waivers, the VA waiver is not restricted to primary care physicians nor must the facility be located in a health professional shortage area.
 
However, the VA will only sponsor a foreign-born physician for a J-1 waiver if the physician's services are necessary for the continuation of a specific program and the VA's efforts to fill the position with a U.S. physician have failed.  In that vain, the sponsoring VA facility must submit extensive documentation of national recruitment efforts for the 12 months prior to submission of the waiver application.  In addition, the foreign-born physician must sign a minimum one-year employment contract. Please note that although the VA waiver only requires a one-year contract, the physician must practice with the VA for at least three years to comply with the USCIS waiver requirement. 
 
Typically, the VA processes its waivers internally through a specific hospital and the administration in Washington, D.C. and then forwards its request for the waiver to the Department of State.  However, the VA allows the physician to choose his or her own attorney to assist with the H-1B process once the waiver is approved.
 
 
In next week's newsletter, we will discuss J-1 waiver compliance. Look for your newsletter next Friday!

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Are you a J-1 physician, employer, or recruiter with questions about the immigration process for physicians, including permanent residence? Register for our popular physician Q&A teleseminar and get the latest and most accurate information about J-1 waivers, H-1B, and green cards. Join us for a free Q&A teleseminar on Thursday, October 23, 2008 starting at 7:00 p.m. CST. Click the register now link below to reserve your space:
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