Temporary Relief for Certain J-1 Foreign Medical Graduates with Pending H1B Petitions
Posted Oct 12, 1998

The unavailability of H1Bs due to the cap being reached on May 12, 1998 for this fiscal year has meant that many pending petitions have been put on hold. Included in the H1B processing backlog are many J1 physicians who had filed for an H1B petition after having obtained the waiver of 212(e) (the requirement to return to their home country for two years). Many physicians in this situation need an extension beyond the period of the J1 program in order to continue to maintain status in order to take a specialty board certification exam.

The Law Office of Sheela Murthy is pleased to advise all medical doctors in this situation that as a result of all of our lobbying efforts, particularly that of the American Immigration Lawyers Association, the United States Information Agency ("USIA"), which administers the J1 program, has announced that for those physicians who need to remain in the U.S. to undertake the specialty board exam, ECFMG (Educational Commission for Foreign Medical Graduates) has been granted the authority to reinstate the J1 status of such medical doctors and extend their stay as necessary. Extensions are possible even if the seven year limit on J1 stay has been reached. Extensions under this procedure are granted through the last day of the month in which the exam is given, with a maximum duration of six months. Kudos to all of our efforts and the understanding of the USIA!