j1 research waiver

[mmed]

Dear All,
I am working as research associate on J1 research visa. I got a residency program which will sponsor me H1B visa. How long it take to get the recommendation from the Department of State on non objection basis after they receive the non objection statement from my country. And how long it takes from the USCIS to issue the final waiver . Any feedback is highly appreciated

 

[f_w]

I think the most honest answers are:
- Variable
and
- only god knows

You can look up on the DOS ans USCIS websites how long they take. But the numbers there are just a rough average. Sometimes, it takes them a day, sometimes it takes 3 months.

 

[suntoucher]

Are you sure that it's possible to switch from J1 in research to H1 for residency??

Because I have this information (pdf)

"USIA has examined the eligibility of foreign medical graduates who have entered the United States not as alien physicians seeking to pursue graduate medical education or training, but as research scholars holding a J-visa. The Exchange Visitor Program is premised upon the idea that foreign nationals will enter the United States for a specific program purpose such as training or research and then return to their home country to share their impressions and experiences with their countrymen. This premise, which lies at the heart of the Agency's mission, obligates the Agency to administer the program in the manner most likely to achieve this exchange objective. Accordingly, the Agency has informed the ECFMG that individuals who have participated in the Exchange Visitor Program as a research scholar or professor participant during the twelve month period preceding their proposed commencement of a program of graduate medical education are ineligible for sponsorship."

And lawyers say the same:

http://www.visalaw.com/99jun/44jun99.html

Finally, the USIA addressed the question of whether doctors here to pursue research can switch to a residency program. The USIA believes this would be inconsistent with the policies of the program and has informed the ECFMG that individuals who have participated in the Exchange Visitor Program as a research scholar or professor participant during the twelve month period preceding their proposed commencement of a residency program are ineligible for ECFMG sponsorship.

 

[f_w]

That is if you got you J1 through ECFMG as 'research scholar' and you want to change to the 'GME-J1' category. If you got your J1 as graduate student through the individual university your change of category works differently. Plenty of people have done this in the past as well as in recent years. Unless there has been a very recent change on this, it should still work.

Also, changing from a J1 to an H1 has little to do with USIA. You apply for the waiver with DOS and your sponsor has to agree, but it doesn't involve the ECFMG at all.

 

[suntoucher]

But in that case, what "research scholar" w/J1 sponsored by ECFMG is doing?? Clinical fellowship?? Because http://www.ecfmg.org/evsp/j1fact.html shows

"The U.S. Department of State has designated the Educational Commission for Foreign Medical Graduates (ECFMG) as the visa sponsor for all J-1 exchange visitor physicians who participate in clinical training programs....
....ECFMG does not sponsor physicians for other U.S. visa types."

If I'm doing basic research on J1 (w/o 2years) which sponsored by university and would like to switch on J1 for GME I will be safe?

 

[f_w]

If I'm doing basic research on J1 (w/o 2years) which sponsored by university and would like to switch on J1 for GME I will be safe?

In the world of the US department of state and the US immigration service you are 'safe' once you have uttered the last word of your oath of citizenship. Before that you are exposed to the whims of a byzantine buerocracy that has no concept of accountability whatsoever.

But:

You can switch from a university sponsored J1 to a GME J1. ECFMG is involved in that switch and it takes a while to get it done. You need to write a letter explaining how and why your research helps you with clinical training etc, but it can be done.

 

[mmed]

You can switch from a university sponsored J1 to a GME J1. ECFMG is involved in that switch and it takes a while to get it done. You need to write a letter explaining how and why your research helps you with clinical training etc, but it can be done.[/QUOTE]


Thanks for advice in that issue. I am still waiting for the recommendation from the DOS to be forwarded to USCIS. The DOS received the non objection statement from the embassy since June, 6 (almost 2 months now). I don’t know for how long I will wait especially that the program already started.

To change from J research sponsored by university to J clinical sponsored by ECFMG you have to write a detailed letter with what you did and what you are going to do in residency. Letter from current PI and letter from the residency program director explaining the intimate relation and continuation of the work between the research you are doing and the work you are going to do in residency.

 

[mmed]

Finally, the waiver approved after 10 months waiting.

 

[Faebinder]

In the world of the US department of state and the US immigration service you are 'safe' once you have uttered the last word of your oath of citizenship. Before that you are exposed to the whims of a byzantine buerocracy that has no concept of accountability whatsoever.

But:

You can switch from a university sponsored J1 to a GME J1. ECFMG is involved in that switch and it takes a while to get it done. You need to write a letter explaining how and why your research helps you with clinical training etc, but it can be done.

Nothing.... is more true.... than the bolded section.

 

[keny123]

!!!!