[rookie_rn]

i would advise you to consult a lawyer who specializes in immigration. the lawyer would be able to tell you the best course of action that is within the boundaries of US immigration laws.

i always thought that if it is not in writing and is not signed by both parties, then it is not legally binding.

[suzanne4]

There had to have been some form of a contract that was submitted with the I-140, or that is not going to get approved. You need to speak with the attorney and find out exactly what was submitted, if it was for the I-140 in the first place.

Some sort of written agreement as to what the salary is going to be, length of contract, hours per week worked, etc. Without that, the government will not even approve the I-140. And if you do not trust them, then it is even more important to have been done.

[ghillbert]

Why do you keep saying you have "no choice" about staying there? Of course you have a choice!! I would not risk my license working in a place like that, let alone risk my immigration future trusting management like that.

Something is not right, because you shouldn't be able to work on a working visa without the appropriate paperwork (I am on one myself and know what was required!).

Your choices as an adult it seems are to leave, or to accept the situation and stay. If you're going to stay, do what you need to do and keep a low profile. I would not keep popping up being a pain ie. asking for the drug book. Get your own and carry it around if you want to use it. I would not interrogate a patient who wanted anxiolytics either - the fact it's a controlled substance that requires a count does not have anything to do with giving an ordered medication to a patient that requests it.

[suzanne4]

Originally Posted by ghillbert

Why do you keep saying you have "no choice" about staying there? Of course you have a choice!! I would not risk my license working in a place like that, let alone risk my immigration future trusting management like that.

Something is not right, because you shouldn't be able to work on a working visa without the appropriate paperwork (I am on one myself and know what was required!).

Your choices as an adult it seems are to leave, or to accept the situation and stay. If you're going to stay, do what you need to do and keep a low profile. I would not keep popping up being a pain ie. asking for the drug book. Get your own and carry it around if you want to use it. I would not interrogate a patient who wanted anxiolytics either - the fact it's a controlled substance that requires a count does not have anything to do with giving an ordered medication to a patient that requests it.

She had an H1-B from a previous career, and was able to keep that thru the new employer. That is how she got around the requirements for that.
But the fact remains that there are no I-485 petitions being submitted and we do not expect to see them again for at least three years due to the number of applicants last summer.

No chance in getting a green card without that being able to be submitted.
And it will be past the two years of the contract that supposedly does not exist.

[ghillbert]

Still something fishy - you shouldn't be able to transfer a H1B if the new position doesn't meet the specialty occupation requirements, which I'm sure an LTC position doesn't.

[suzanne4]

My thoughts exactly from the beginning as well. As well as others here.

[MegRyanGirl]

Originally Posted by rookie_rn

i would advise you to consult a lawyer who specializes in immigration. the lawyer would be able to tell you the best course of action that is within the boundaries of US immigration laws.

i always thought that if it is not in writing and is not signed by both parties, then it is not legally binding.

Thanks :-) I do have an expert immigration lawyer.

The fact that I don't have a signed contract is actually to my benefit ;-)

[suzanne4]

Actually it is not, they can do as they please and not live up to their obligations or what you determine to be a requirement for them.

A letter that is signed by them is just that, it is not a contract. And then it is not something that you both agreed to do especially since you are not even aware of what was in the documentation that was submitted to immigration in the first place. Sorry, but that is not a very good thing at all. And working in the LTC normally does not qualify for the H1-B visa either as well.

There is then no documented proof as to what you need to do, and again, be aware that if the I-485 cannot be accepted before you are done with your two years, they do not need to do anything for you in terms of immigration if you will not be working there at that time.

Remember that the petitioning process requires that you are an employee at that time. Also then, why was your petition not submitted last summer when there was the open window as well?

[Bosnianstudentnurse]

Still something fishy - you shouldn't be able to transfer a H1B if the new position doesn't meet the specialty occupation requirements, which I'm sure an LTC position doesn't.

__________________________________________________ ______________

So, what kind of nursing does qualify (a specific position or a specific employer)? I have just graduated with BSN here in the States and I am trying to apply for a job in the area (I have received my OPT card as well)? Can anyone share a little bit more about this part as it is still very much unclear to me?

[Silverdragon102]

H1B usually requires experience and training to a certain level. Newly qualified I doubt would meet that criteria plus not many hospitals are using the H1B