H-1B Family Practitioner Approved for J-1 Transfer to CT due to Various Violations By Employer

March 22, 2011 - We filed an H-1B transfer petition for a family J-1 waiver physician in Connecticut on February 17, 2011 and received approval on March 22, 2011. This physician was in the process of completing the J-1 service when the terms and conditions of his employment changes so much that he needed to terminate the position and relocate to different employment. The J-1 waiver transfer application was based on several different violations by the employer that, when added together, qualified as extenuating circumstances for the USCIS to approve the application. This waiver physician was subjected to various contact breaches including non-payment for all time worked, being required to work more than the contract specifications, as well as being pressured to engage in conduct that they physician felt was unethical thereby endangering his professional standing. In support of the application, we submitted affidavits, detailed work records and evidence of unpaid time and hours outside the contractual bounds. We also cited examples of other violations by the employer in support of the application. Upon review, the USCIS concluded that the evidence was sufficient to establish extenuating circumstances requirement of the J-1 waiver transfer request.