H1B Transfer Based on Extenuating Circumstances
An H-1B transfer may, under certain circumstances that are considered extenuating, be approved for a physician that has been granted a J-1 waiver to practice medicine in an underserved area. An approval of such a transfer would allow the physician to complete the remainder of the three year waiver obligation with the new employer. The physician would not be required to file a new waiver application nor would the physician require the permission of the state department of health in which the current waiver is being served.
An H-1B transfer based on extenuating circumstances allows a physician to transfer to a work location in the same or another state, provided the new work location is located in a federally designated underserved area and complete the remaining time on the waiver obligation. Again, permission or approval of the current or new state department of health is not required, although in some cases it can add weight to the application.