H-1C newbie

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pampangakid

46 Posts

Specializes in NICU.
well the could be a few things that could make the hospital decide they don't want the nurse anymore. They may not meet the grade, they may decide they do not need the nurse anymore and have managed to find nurses from within the US.

The boot may also be with the nurse and that they decide that it is too dangerous to work in that hospital.

Employers will do that. I had a contract cancelled by a hospital because they decided they did not want to hire foreign nurses anymore. About 15 of us was affected and we all had received approval and the hospital didn't even pay towards any costs we had occurred and when we found another hospital to petition us we had to start the process all over again and I lost my original PD.

What? You mean you spent something? As far as I knew, as h1C, you will not spend any single penny for the processing. They already sent me a copy of the receipt notice and oh boy! they've paid 320$ for that petition. The contract I've signed stated that it is "at will" and they do not require me to pay any expenses they have incurred if I terminate the contract and I like that, because all the contracts I've read for my EB3 application before didn't state that, all of them require a nurse to pay a certain amount if she preterminates their agreement that's why I chose H1C.

Silverdragon102, BSN

1 Article; 39,477 Posts

Specializes in Medical and general practice now LTC.
What? You mean you spent something? As far as I knew, as h1C, you will not spend any single penny for the processing. They already sent me a copy of the receipt notice and oh boy! they've paid 320$ for that petition. The contract I've signed stated that it is "at will" and they do not require me to pay any expenses they have incurred if I terminate the contract and I like that, because all the contracts I've read for my EB3 application before didn't state that, all of them require a nurse to pay a certain amount if she preterminates their agreement that's why I chose H1C.

the hospital had agreed to pay towards costs I occurred like NCLEX and paid nothing except lawyers fees to what had already occurred and I definately would not pay them as they was the ones who backed out.

You are aware that if your contract is terminated, which can really happen with 'at will' you only have a certain amount of time to find a post under the same visa otherwise you have to leave the country, and there are only approx 15 hospitals that have this type of visa

pampangakid

46 Posts

Specializes in NICU.
the hospital had agreed to pay towards costs I occurred like NCLEX and paid nothing except lawyers fees to what had already occurred and I definately would not pay them as they was the ones who backed out.

You are aware that if your contract is terminated, which can really happen with 'at will' you only have a certain amount of time to find a post under the same visa otherwise you have to leave the country, and there are only approx 15 hospitals that have this type of visa

Good thing you found another employer,oh don't worry because most of them reimburse the exams a foreign nurse has incurred.

I prepared myself for the different disadvantages that might happen during my stay for the H1C. Thank you Suzanne4 and Silverdragon for the concern, thank you sooo much.

pampangakid

46 Posts

Specializes in NICU.
Hello pampangaKid, I am not under H1-C, I undergo CP, I am waiting for my packet 4 or interview schedule at the American consulate in the Philippines. But I do have a friend who went the same route as yours- H1C, and she was offered a salary of $26/hr when she signed up with them in 2005 before the retrogression lifted, then her salary increase 3 times within two years, she's now receiving $34/hr, 36hrs/week, with night and evening diff, weekend diff of 4$ and a holiday pay of one time and half, not bad I think compare to my salary offer:o of less than 25$/hr, 40hrs/week.:angryfire What state are you going?

My hospital is located in CA. Wow that's a great offer! what about sign on bonus?

pinoynarz

51 Posts

My hospital is located in CA. Wow that's a great offer! what about sign on bonus?

According to her she was given a 5,000 sign on bonus.

metalval

14 Posts

Could you, please, tell me what hospital did you find? Did you take the offer? How is it there? I just passed my NCLEX and need a hospital too.

metalval

14 Posts

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.

I'm in the U.S. and I just passed NCLEX, what could I do? The employers can only fill I-140 and I-485? My visa expires in July, what can I do?

metalval

14 Posts

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)

how were you able to submit i-140 and i-485? please, could you give me some ideas cause i do not know anything

lawrence01

2,860 Posts

How were you able to submit I-140 and I-485? Please, could you give me some ideas cause I do not know anything

The H1C working visa is totally different from going through the GC process (I-140 and I485).

Right now there is retrogression, and only the I-140 can be technically be filed and most employers will not file this as well if the I-485 (Adj. of Status) cannot be filed. There is really no point just filing an I-140 alone if it's meant for AOS and no clear sight on when the AOS can be filed.

The H1C is available and not in retrogression but we do not recommend this visa as this visa is only available to originally about 15 or so hospitals w/c are mostly with very bad working conditions or located in a very bad area or both. If you are going to choose this, choose it at your own risk. If you want more info. re: H1C visa and the hospitals that can offer it (across all States) you can do a search in the forums as there are already may posts and threads explaining it's disadvantages. Some hospitals listed there may not even be open anymore as well.

If you want more info about retrogression, there lots of threads and posts here as well about it.

Bottom line is, with a visitor's visa expiring by July, it is almost certain that you cannot file for AOS as it is not expected that the visa category will be current by that time. You are welcome to wait and see if it will become current or not as you will prob. max out your stay but after that and if the visa category is still not current, only options left to do is either go back home or file for H1C. You also need the visa screen certification as well to file for the H1C. I recommend consulting an immigration lawyer but you will probably get the same info.

metalval

14 Posts

The H1C working visa is totally different from going through the GC process (I-140 and I485).

Right now there is retrogression, and only the I-140 can be technically be filed and most employers will not file this as well if the I-485 (Adj. of Status) cannot be filed. There is really no point just filing an I-140 alone if it's for AOS.

The H1C is available and not in retrogression but we do not recommend this visa as this visa is only available to originally about 15 or so hospitals w/c are mostly with either very bad working conditions or located in a very bad area. If you are going to choose this, choose it at your own risk. If you want more info. re: H1C visa and the hospitals that can offer it (across all States) you can do a search in the forums as there are already may posts and threads explaining it's disadvantages. Some hospitals listed there may not even be open anymore as well.

If you want more info about retrogression, there lots of threads and posts here as well about it.

Bottom line is with a visitor's visa expiring by July, it is almost certain that you cannot file for AOS and only way to do is either go back home or file for H1C. Those are your two options. I recommend consulting an immigration lawyer but you will probably get the same info.

Thanks a lot. I'm actually on F1 visa and my OPT expires 07/09/08. What about this AOS? First, I'll need to find the employer who would be willing to do that, right? I can't file alone. I have work experience in Ukraine but here in the U.S. everything is different, I hope they would teach me.

I called that list of hospitals (list of 14) and they say they don't do it anymore, I found only 2. 1 in Texas and 1 in Chicago. I'm waiting for the reply from Texas and the place seems nice (Harlingen, Texas). The one in Chicago the Nurse Recruiter left and they are not hiring till August. I don't know what to do: to go home and wait till August or sign with some hospital here who does Green Card (I found one in Delaware and one Nurse Recruitment Company too in PA - they promise to cover all expneses). I know I may need to wait for years but I don't have another choice.

lawrence01

2,860 Posts

Thanks a lot. I'm actually on F1 visa and my OPT expires 07/09/08. What about this AOS? First, I'll need to find the employer who would be willing to do that, right? I can't file alone. I have work experience in Ukraine but here in the U.S. everything is different, I hope they would teach me.

I called that list of hospitals (list of 14) and they say they don't do it anymore, I found only 2. 1 in Texas and 1 in Chicago. I'm waiting for the reply from Texas and the place seems nice (Harlingen, Texas). The one in Chicago the Nurse Recruiter left and they are not hiring till August. I don't know what to do: to go home and wait till August or sign with some hospital here who does Green Card (I found one in Delaware and one Nurse Recruitment Company too in PA - they promise to cover all expneses). I know I may need to wait for years but I don't have another choice.

With the new information you just gave it seems that your options are pretty limited now. Your options are really to wait the reply from Texas. Since they might have a new recruiter for the Chicago hospital, don't bet on the Aug. date and that is well beyond your permission to be in US anyway. You've mentioned you are allowed only until July.

People are also giving too much credit to hospitals to fully know the current immigration situation. Most hospitals or HRs do not. Once they consult to an immigration lawyer they will soon realize that they cannot file something for the foreign-educated nurse if there is retrogression. It is also not practical or makes no business sense for hospitals to file an I-140 alone when the I-485 cannot be filed because of retrogression. This is why I recommend that you consult an immigration lawyer directly and you can confirm this info.

Right now all you can do as far as I can see anyway, is 1) max out your allowable stay in the US until July and pray that EB3 visa category will be current for the month of July in the monthly Visa bulletin so that you can file an AOS (I-485); 2) wait for the reply in Texas for the possible H1C; 3) go home if everything else fails.

metalval

14 Posts

With the new information you just gave it seems that your options are pretty limited now. Your options are really to wait the reply from Texas. Since they might have a new recruiter for the Chicago hospital, don't bet on the Aug. date and that is well beyond your permission to be in US anyway. You've mentioned you are allowed only until July.

People are also giving too much credit to hospitals to fully know the current immigration situation. Most hospitals or HRs do not. Once they consult to an immigration lawyer they will soon realize that they cannot file something for the foreign-educated nurse if there is retrogression. It is also not practical or makes no business sense for hospitals to file an I-140 alone when the I-485 cannot be filed because of retrogression. This is why I recommend that you consult an immigration lawyer directly and you can confirm this info.

Right now all you can do as far as I can see anyway, is 1) max out your allowable stay in the US until July and pray that EB3 visa category will be current for the month of July in the monthly Visa bulletin so that you can file an AOS (I-485); 2) wait for the reply in Texas for the possible H1C; 3) go home if everything else fails.

Thanks a lot for your reply. I do appreciate all your time. However, I still have some questions. I'm not gonna stay here till August (in fact I'm thinking of leaving next month cause I don't have a place to stay, no job etc. nothing to do), but what I'm saying is that I could contact that recruiter from Ukraine and start the process while I'm in Ukraine or I could sign for the Recruiting Agency and wait for GC.

Could you, please, tell me what is that EB3 and why you're talking about July? I'm sorry for my ignorance but I have no clue. Is that when they become available? In this case, how would I find out if they are available? I don't have any idea. Do I still need an employer to do that for me?

Thanks

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