H-1C newbie

World Immigration

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hi everyone,

i am an RN in Wisconsin using my OPT to work. however, my OPT expires in January of 2008. My hospital is willing to sponsor me for green card but there aren't any available right now, and according to October Visa Bulletin predictions, there probably won't be any available soon. i am running out of time on my OPT and i am running out of options, except to go back to school but i don't exactly have the budget for that right now. there is a hospital in chicago that is willing to sponsor me for H-1C. i know this visa is not exactly recommended because the hospitals aren't in great areas and i will have to sign a 3 year contract, but i don't have very many options right now. has anyone gone throught the same process? any insight is greatly appreciated!

thanks!

And the most important question for you:

If you were under the OPT, and that ended, and you have not had work in three months, what type of visa are you currently on? Your student visa expires 60 days after your last day of school, and it does not take anything else into account?

And if you were on the OPT, and we just had an open window where you could apply for the green card and start that process, why did you not go that route? Then you would be able to work where you wanted to work in the couple of weeks or so, and not have to move or anything else. The I-140 could have been submitted several months ago for you, or even longer. And then now, the I-485 could have been submitted and you could have gone thru the AOS processing, why was that not done? There were things that could have been done.

and if you were on the opt, and we just had an open window where you could apply for the green card and start that process, why did you not go that route? then you would be able to work where you wanted to work in the couple of weeks or so, and not have to move or anything else. the i-140 could have been submitted several months ago for you, or even longer. and then now, the i-485 could have been submitted and you could have gone thru the aos processing, why was that not done? there were things that could have been done.

suzanne, please don't jump into conclusion. i applied for 485 july 2nd. (i know you said it was returned- so far nothing has come to the lawyer's office yet) im currently waiting for uscis to approve the finger print, work permit, and 485 approval. the i 140 was submitted december of last year.

going back to h1c. safety is important as well as common sense. even though the hospital area is not safe. one still has to take precautions.

[(research the hospital-> patient- nurse ratio, live in a nice neighboorhood, go visit the hospital/area, buy pepper spray(is that what it's called?) etc. ]

there is no guarantee for h1 c visa. but then again there is no guarantee that there will be enough visa numbers on october.

if one doesn't like the facility- then that is just too bad (that's why researching the hospital and the area beforehand)

if the facility doesn't like you- at least you know you tried something

h1 c visa do has its drawbacks. it really is a gamble- but as i said, you gotta do, what you have to do

going back to school is expen$$ive- but if one can afford it- then don't bother with h1c (it has its risk)

i see h1 c visa as to buy time/ to stay here and work for a few more years and to hope for the best (change in legislation, get married, win the lottery visa- hey everything is up)

and if you were on the opt, and we just had an open window where you could apply for the green card and start that process, why did you not go that route? then you would be able to work where you wanted to work in the couple of weeks or so, and not have to move or anything else. the i-140 could have been submitted several months ago for you, or even longer. and then now, the i-485 could have been submitted and you could have gone thru the aos processing, why was that not done? there were things that could have been done.

suzanne, please don't jump into conclusion. i applied for 485 july 2nd. (i know you said it was returned- so far nothing has come to the lawyer's office yet) im currently waiting for uscis to approve the finger print, work permit, and 485 approval. the i 140 was submitted december of last year.

going back to h1c. safety is important as well as common sense. even though the hospital area is not safe. one still has to take precautions.

[(research the hospital-> patient- nurse ratio, live in a nice neighboorhood, go visit the hospital/area, buy pepper spray(is that what it's called?) etc. ]

there is no guarantee for h1 c visa. but then again there is no guarantee that there will be enough visa numbers on october.

if one doesn't like the facility- then that is just too bad (that's why researching the hospital and the area beforehand)

if the facility doesn't like you- at least you know you tried something

h1 c visa do has its drawbacks. it really is a gamble- but as i said, you gotta do, what you have to do

going back to school is expen$$ive- but if one can afford it- then don't bother with h1c (it has its risk)

i see h1 c visa as to buy time/ to stay here and work for a few more years and to hope for the best (change in legislation, get married, win the lottery visa- hey everything is up)

if you were able to get the i-485 submitted, do not do anything about the h1-c visa at all. wait until you get an answer on that. you will get the ead from that before you will get the h1-c visa approval. that is for sure.

you never mentioned that you applied for the ead, if not mentioned, then i assume otherwise.

you will be moving to another state, is that something that you wish to do in the first place? it is still several months to get the h1-c visa, it is not instant. you have a much better chance of getting the ead from the i-485. i would not do anything else at this point, especially since you submitted the i-140 before the end of last year.

If you had the I-140 submitted months ago, then you should be fine. The ones that were just submitting all on July 2nd via mail may have issues. The other problem that you will then face, what happens if you get the EAD, but have signed for the H1-C with another facility and are not available to the original facility that was petitioning you? They can easily cancel out everything. And did you pay the fees for immigration or did your employer? If they did, you will need to reimburse them.

And if the new facility pays the immigration fees for the H1-C, but then you walk to go back to the other facility, they are out that money, and you will be required to pay it back to them.

Seriously suggest that you wait before doing anything. The H1-C visa is not an instant thing at all, you do not apply one day and then get it the next, it still needs to be processed. You should have the EAD before that can get done. Just applying for the H1-C visa does not give you any extra time to be in the US, that is a temporary work permit and does not protect you at all. That you have the I-485 penting does give you protection. But if you leave that employer, then it gets cancelled, and then you really will be stuck.

You are worried about being able to start work the fastest, but that is not always the best way to do things. And the H1-C takes about four months to get approval. Think that you should take the time to rethink what you are doing.

mercy medical hospital in baltimore, maryland is also offering the H-1c visa. did your current employer attempt to file for any of your paperwork?

my current employer was working on my paperwork with my lawyer but we couldn't reach the the july deadline in time, unfortuntely. :o so here i am trying to find another option before i run out of time...

i think everyone is getting a little confused cuz i definitely am... i believe "porknbeans" is the one who has the 485 pending, not me. but i am the one possibly considering H-1C, not "porknbeans".

in terms of my situation, this is what happened. i graduated in Dec 06 with my ADN here in Milwaukee. i passed my boards in Feb 07 and started my job in Apr 07 using my OPT. i talked to my employer about sponsoring me for green card and they agreed with the terms that i have to find my own lawyer, pay my own fees, and if i'm not in legal working status by the time my OPT is up (Jan 08), then my position will be terminated. One part of my benefits in my job is a legal group that will help with immigration matters, but my benefits didn't start until Jun 07. i decided to utilize that benefit because i figured it would save me $. i finally found a lawyer mid-june and started to work on things. to cut a long story short, from collecting all the necessary documents, trying to figure out the yo-yo-ing of the USCIS with available visas, working with my HR who didn't work very quickly, and, to top it all off, not a very efficient lawyer, we were not able to finish the paperwork in time and missed the july deadline. in addition, with having to post up my position for 10 days and to wait 30 days after that, we wouldn't have reached the requirements anyway. so now with the looks of the predictions for the Oct bulletin, my hopes aren't too great right now.

hence, im trying to explore other options to be able to stay and work for the much needed money for survival. the options i can think of right now are going back to school to finish my BSN go through the whole OPT process again, though this is the most costly option for me that i may not be able to afford, the H-1C offer from a hospital in Chicago, or end up going home, which i prefer not to.

Suzanne: im still new to this whole immigration process, if not already obvious. what do you mean by PIC country? i am Filipino citizen, though born in Saudi Arabia, if that even matters. is it possible to go back to school under F-1 while waiting a hospital to sponsor me for green careen, i mean have green card papers pending?

insight anyone?

With the OPT, you are under the F-1 status still, since the time during the OPT is considered schooling or training. Even when you can get the I-140 submitted, you will still be under the F-1 status. Only when the I-485 is actually submitted, do you lost the actual F-1 status.

Big question for you is what does your actual birth certificate state? If it states Saudi Arabia, then you are not under the retrogression if it lifts for the other countries, so that can be much in your favor.

I do not have anyone mixed up at all.

We will know more what will be happening with the October Bulletin that will come out in mid-September, then bill be able to give you a better idea. As long as you can get the I-485 submitted before your OPT is completed, you will be just fine.

If you have any delays in getting things done by the end of your OPT, the best thing that you can do is to continue on with your studies, that will keep you legal to remain in the US. You only have 60 days after your OPT ends otherwise.

The PIC countries are Philippines, China, and India. They were under the previous retrogression and it is based on where you were born, not which citizenship that you have. That is what can benefit you.

first of all, thank you for all the information you have shared! i do appreciate it.

could you please elaborate on your previous statement about where i was born... my birth certificate was issued in saudi arabia since i was born there, but i have always been filipino citizen and have held a philippine passport from the start. i have an accompanying document from the Philippine embassy and that we get from the philippines stating a "child born abroad"... where might i find more information or see if what you are saying is applicable to my case?

so if the 485 is submitted, what status would i be under when the papers are pending? i would still be legally able to work even though they are pending?

thanks!

first of all, thank you for all the information you have shared! i do appreciate it.

could you please elaborate on your previous statement about where i was born... my birth certificate was issued in saudi arabia since i was born there, but i have always been filipino citizen and have held a philippine passport from the start. i have an accompanying document from the Philippine embassy and that we get from the philippines stating a "child born abroad"... where might i find more information or see if what you are saying is applicable to my case?

so if the 485 is submitted, what status would i be under when the papers are pending? i would still be legally able to work even though they are pending?

thanks!

US goes by country of birth, what is actually on your birth certificate, not where you are a citizen of currently or which passport that you hold. What is actually listed on your birth certificate?

If you were on the F-1 status, and then had the I-485 submitted, then you are essentially in a holding patterna and do not have any status, that is why you must get the I-131 to be able to travel, that is called an Advanced Parole. The issue at this time is that the I-485 cannot be submitted for you. To remain in the US, you need to be enrolled in school, to keep your F-1 status. Otherwise, you have only 60 days.

The H1-C application being submitted does not give you permission to remain in the US waiting for it, and that takes about four months to get.

If and when USCIS accepts your I-485, then you also submit for the EAD at that time, and it takes about two months on average to get. You cannot work without the EAD in hand. It takes months to get approval on the actual I-485, when you get it, that is when they send out the green card.

If you actually hold a document that states specifically that you were born in another country, than the Philippines, you have a better chance of getting processed. No idea as to what will happen in October, but you need to be current for anything to be adjusted.

US goes by country of birth, what is actually on your birth certificate, not where you are a citizen of currently or which passport that you hold. What is actually listed on your birth certificate?

If you were on the F-1 status, and then had the I-485 submitted, then you are essentially in a holding patterna and do not have any status, that is why you must get the I-131 to be able to travel, that is called an Advanced Parole. The issue at this time is that the I-485 cannot be submitted for you. To remain in the US, you need to be enrolled in school, to keep your F-1 status. Otherwise, you have only 60 days.

The H1-C application being submitted does not give you permission to remain in the US waiting for it, and that takes about four months to get.

If and when USCIS accepts your I-485, then you also submit for the EAD at that time, and it takes about two months on average to get. You cannot work without the EAD in hand. It takes months to get approval on the actual I-485, when you get it, that is when they send out the green card.

If you actually hold a document that states specifically that you were born in another country, than the Philippines, you have a better chance of getting processed. No idea as to what will happen in October, but you need to be current for anything to be adjusted.

my birth certificate states i was born in Saudi Arabia.

would it be possible to go back to school, apply for a job that would sponsor me and just study while waiting for visas to become available for the hopsital to sponsor me with?

As long as you remain in school as a student, then you are able to stay in the US as an international student. And you can continue with your studies.

That your passport states that you were born in Saudi Arabia will benefit you as far as the retrogression goes.

And yes, you can get petitioned while you are studying. Until the I-485 can be submitted, you are an international student.

This makes things much easier for you at this time, it probably has saved you a couple of years.

As long as you remain in school as a student, then you are able to stay in the US as an international student. And you can continue with your studies.

That your passport states that you were born in Saudi Arabia will benefit you as far as the retrogression goes.

And yes, you can get petitioned while you are studying. Until the I-485 can be submitted, you are an international student.

This makes things much easier for you at this time, it probably has saved you a couple of years.

could you please elaborate on how my being born in KSA will benefit me? i would like to increase my knowledge in this whole matter as much as i can, so i will be somewhat prepared when my time comes

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