J-1 Physician Unable to Return to Native Country for Two Year Service Obtains H-1B Visa From U.S. Consulate Abroad, Files For J-1 Waiver, NIW in US February 1, 2012 - This Michigan internist, originally from Pakistan, trained and completed his residency program in the United States while on the J-1 status. Upon completion of his training, he did not obtain a waiver job or file for a waiver. He left the United States, unable to return to Pakistan to complete the 2 year foreign residency requirement, he moved to the United Kingdom where he took up residence. My law firm was originally retained for this matter in 2007 by a medical group in Michigan to assist in bringing him into the United States. This presented a unique situation because, even though this physician had resided outside the United States for more than two years, he never returned to his native country where he was required to complete the 2 year foreign residency. We applied for an H-1B status for him on behalf of the employer. We requested that notification of the approval be sent to the U.S. consulate in the United Kingdom where he resided so that he could apply for an H-1B visa there. Upon approval of the H-1B status, the physician was interviewed in the U.K. and given the H-1B visa status and stamp on his passport. He was given this status even though he was previously on the J-1 status because the law permits previous J-1 holders to apply for H-1B visas abroad. However, they are not permitted to change or adjust status while in the U.S. on the J-1 status. This exception permits previous J-1 holders to enter on the H-1B status so long as they obtain the H-1B visa outside of the U.S from a consulate abroad. Even though the H-1B status may be granted in those instance, the 2 year service requirements remains with the physician. The physician will likely have to depart after 6 years on the H-1B because the J-1 service requirement will prevent him/her from filing for a green card or changing to another status unless he/she obtains a waiver prior. In our case, the physician originally entered the U.S. in 2007 and began employment at an medically underserved and waiver-eligible location. Shortly thereafter, we submitted a Conrad 30 waiver application with the state of Michigan and obtained a favorable recommendation. After processing through the U.S. Department of State, the USCIS ultimately approved the J-1 waiver in June 2009. We then submitted an I-140/National Interest Waiver green card application along with work authorizations and advance parole requests. The physician has since completed the 3 year service in an underserved area and will complete the 5-year NIW in 2012 to complete the green card process. In the meantime, we processed and received an H-1B extension on December 12/12/2010, valid for three years. However, we expect the NIW green card application to be approved before then.