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Attorney_22

PHYSICIANS

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This week, Murthy Law Firm attorneys will answer questions regarding physician issues, including waivers, J-1s and H1B cap exemptions.    

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.
 

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Hello Attorney_22, 

Thank you for your help. 
My questions are specific for J1 visa holder, J1 waiver in process (early phase)

1. Is it too risky to travel out of US while J1 waiver is in process? Getting visa stamp in Canada or India.

2. If it is risky, what exactly makes it risky?

 

Thank you in advance. 

Edited by DOCSM
made more specific

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It is legally  permissible for a J-1 noncitizen to travel outside the United States while the waiver process is in its early stages. Once the favorable recommendation has been made by the Department of State, it is very inadvisable for the J-1 noncitizen to travel outside the United States.

Having said that, one needs to keep in mind that it is not unreasonable for a Consular Officer to ask about the waiver process or intentions and use that as a negative factor to refuse visa issuance. 

Consequently, the best advice is for a J-1 noncitizen to abstain from international travel after the waiver process has commenced.

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A close relative of mine is working as medical doctor after completing residency on J-1 visa.

He had two year home country rule. He waived that by working in under-served area on h1b and just he just completed two years. The I-130 is filed (GC Spouse ) and priority date is current. His attorney says that he needs to complete three years (another one year) to apply for I-485.

He is wondering if this is true as PD is current.

When can be I-485 be filed in this case?

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This is correct. The physician must complete the three year obligation before being able to file for adjustment of status or an immigrant visa. The I-485 can be filed after the physician has completed and documented the completion of the three years of work in the underserved area.

 

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