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Extenuating Circumstances for J-1 Waiver Transfer Approved Where Physician’s Spouse, a J-1 Visa Holder, Had to Relocate to State with Available Conrad 30 Spots

April 23, 2013 - This pediatrician was employed by a practice in South Carolina to complete his 3 years of J-1 waiver service after obtaining his waiver. At the time, his spouse, also a J-1 physician, was completing an OB/GYN fellowship. She had also been promised a waiver job in South Carolina once her residency was complete. However, prior to her completion, the offer for the OB/GYN position in South Carolina was withdrawn. Unfortunately, she could not find another OB/GYN positions in South Carolina that would qualify for a waiver as there were no longer sufficient OB/GYN waiver spots left. She was then forced to look in other states with available OB/GYN spots. In addition, the couple had an infant to care for.

Upon finding a qualified position in Kansas, we were retained to file a J-1 waiver transfer petition for the husband pediatrician on the basis that he needed to join his wife in Kansas. His employer was supportive of the transfer and released him from the contract. We submitted the application, claiming that the situation was entirely unforseen and amounted to extenuating circumstances. Further, it was important that the couple stay together to take care of the infant that was born after he had started the waiver position. Upon review, the USCIS approved the application on April 23, 2013.

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