Originally Posted by whitesun
hi!
im actually been in the same boat as u are. my i140 petition got approved on December 2006, but to retrogression problems, the green card petition slowed down. im a clinical instructor based in Cebu, Philippines for almost three years. i was lucky one day to be accepted for a nursing instructor faculty position in a Florida community college through an H1 visa. my working visa petition was filed through an expedited premium processing last Aug 22 and I just came back home in Cebu from my manila US embassy interview. With my visa arriving in 7 days, I am pretty sure U can also get one, even w retrogression in place. The presence of an I140 petition filed on u will not be held as basis for denial of an H1 visa. However, some facts need to be considerd first.
H1 cap is set at 65,000 visas per year. it is more difficult than I140 to get an approval for an H1 visa due to this cap and the impossible number of H1 demands, particularly from the healthcare and computer industries. HOwever, some exemptions are present to this cap if your petitioner meets the following:
a. government agencies (e.g. public hospitals)
b. educational institutions of higher learning
c. your position requires master's degree or higher
2.
Hospital jobs do not have the H1-B visa available, and they have not been available in more than three years.
And the next question for you: Is your employer the same as for the H1-B visa as the original petitioner? If not, you may owe a fee to the one that has submitted the I-140 on your behalf.
Most that are posting here do not meet the requirements to be instructors here in the US.