British J-1 Waiver Anesthesiologist Obtains a Successful H-1B and NIW Transfer, Sends Nice “Thank You” Email to Asonye & Associates
The email came to me from the husband of the physician that we represented who permitted us to publish it on our website. Our client began her waiver service in Somerset, Pennsylvania in August 2010 as an anesthesiologist. In November 2011, her contract was terminated because the group lost their contract with the hospital and could no longer employ her. Upon her termination from the Pennsylvania group, she found employment in a medically underserved area in Anderson, South Carolina as a Pain Management Specialist. After consulting several other law firms, she settled on our law firm to handle her J-1 waiver transfer and the I-140/national interest waiver applications.
After a thorough review of the facts and law along with multiple conferences with the physician, we recommended that a waiver transfer and extenuating circumstances requirement would likely be successful if presented persuasively to the USCIS. We were then asked to prepare the petitions. In the waiver transfer application, we argued that the she met the extenuating circumstances requirement in that her contract had been terminated prematurely due to conditions beyond her control. At the time that she accepted the original waiver position, it was also unforseen that her employer would lose its contract with the hospital. Our positions were thoroughly documented in the USCIS application. After review, both applications were approved by the USCIS. The H-1B/J-1 Waiver Transfer application was approved on April 30, 2012 and the I-140/NIW petition on August 13, 2012. The physician is now in the process of completing the 5-year NIW service in South Carolina in order to complete the green card process.