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Apr 02, 2007 08:49 AM

H1B visa

by lawrence01 Premium Member
Updated Apr 02, 2007 at 09:04 AM by lawrence01

Posted this on Suzanne's thread but copied and pasted here as well to point out how hard getting into an H1B visa is that some agencies are pushing.

The H1B cap was reached months ago (the H1B cap was reached even before the cap or quota for nurses and PTs was reached in more or less Nov. 1, 2006) and they are only going to start accepting petitions for fiscal year 2008 (Oct. 2008) starting April 2 but will not reject any mail that were received on the weekend before that, w/c is March 31 and April 1. The exemption is only to those 2 dates. Also, the previous cap (for fiscal year 2007) was reached in just a couple of months. Less than 2 months even.

Pls. refer to the chart below:
http://uscomputerjobs.sulekha.com/bl...-days-only.htm

As you can see filing for H1B is only accepted every 1st of April of the year, w/c is 6 mos before the fiscal year it is intended for (every Oct of the year) and it only lasts for more or less just 2 mos and the whole 65,000 visas are gone just like that. Once a quota is reached no more petitions can be accepted and are rejected and those rejected would have to file for the next filing date. April 1 of next year or April 2, or 3 if April 1 falls on weekends or holidays.

http://www.uscis.gov/files/pressrelease/H1B_Update.pdf


*Notice that uscis is anticipating that for this year, the 65,000 visa cap may be reached on the 1st 1-2 days of filing (April 2 and 3) that is why they will be selecting petitions randomly if that indeed happens and all petitions not selected and given slots are rejected. Next filing will be April 1, next year (2008).


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10 Comments
No. 1
from suzanne4
Old Apr 03, 2007, 07:54 AM

Default Re: H1B visa
This is so very true. We see attorneys and agencies promising the H1-B for nurses, but it is not happening. The window time that they even accept petitions is very small to begin with, all of the slots get filled very quickly.

Approval of the H1-B for nurses is extremely rare and hard to come by to say the very least. And it has nothing to do with you having the H1-B visa when working in a previous job in the US, the position must be approved, and we are very rarely seeing it. In the past three years, have not seen one nurse that I have been in contact get approved with this.

A new nurse without any proven work experience, no matter what the job, does not qualify for this visa in any form. Do not let yourselves get taken in by this promise. You will be throwing out good money for nothing.
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No. 2
from lawrence01
Old Apr 03, 2007, 08:22 AM

Default Re: H1B visa
Originally Posted by suzanne4 View Post
This is so very true. We see attorneys and agencies promising the H1-B for nurses, but it is not happening. The window time that they even accept petitions is very small to begin with, all of the slots get filled very quickly.

Approval of the H1-B for nurses is extremely rare and hard to come by to say the very least. And it has nothing to do with you having the H1-B visa when working in a previous job in the US, the position must be approved, and we are very rarely seeing it. In the past three years, have not seen one nurse that I have been in contact get approved with this.

A new nurse without any proven work experience, no matter what the job, does not qualify for this visa in any form. Do not let yourselves get taken in by this promise. You will be throwing out good money for nothing.
Yeah, but now since USCIS is anticipating that for this year the 65,000 visas for H1B will be reached in just a couple of days or maybe a week or two at best, w/c means any agency or lawyer saying they offer the H1B after the H1B cap has been reached for this year (date of filing started April 2, 2007) they are either not telling the truth or really do not know anything. Next filing date for H1B will be next year again on April 1.

H1B is mostly used for the IT or computer sector and they are so backlogged that the window period to file the H1B has been less and less every year and this year, in particular, they are anticipating that the whole 65,000 visas will be reached in just a couple of days. Yikes.

Why even bother to go via H1B (if indeed they can), when it's practically a lottery, esp. when there is a specially created schedule A category specifically for nurses.
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No. 3
from lawrence01
Old Apr 03, 2007, 02:22 PM

Default Re: H1B visa
The 65,000 H1B visa cap may have been breeched already on April 2 accdg. to unofficial reports as anticipated by the USCIS. The files will then be randomly picked since everything went in at almost the same time and there is no objective way to know whose mail came in first. All files not selected to be alloted the 65,000 visas will be rejected and re-filed next year again.

Any agency or lawyer who will still push the H1B visa for nurses after it has been unofficially exhausted for this year is giving inaccurate information.
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No. 4
from ninaz
Old Apr 03, 2007, 06:46 PM

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No. 5
from lawrence01
Old Apr 03, 2007, 11:57 PM

Default Re: H1B visa
Originally Posted by ninaz View Post
Nice info. The H1B cap has officially been reached, alright. Click here to read USCIS' official announcement. Only took 1 day for the cap to be reached and w/ many leftovers that will be re-filing next year April 1, 2008.

Even if CIR is approved this year to double the H1B visa cap it is of no use since that will be used for those who were left over who have filed already this April 2, 2007.

Today's H1B is virtually lottery.
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No. 6
from suzanne4
Old Apr 04, 2007, 12:15 AM

Default Re: H1B visa
And this just reinforces what I have said all along about the H1-B visa. It is useless for nurses to even consider. And those that do, will be throwing out money, they will be paying the attorney and will only be told later on that it was denied. Especially when the attorney knows that it will not be approved.
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No. 7
from lawrence01
Old Apr 04, 2007, 01:37 AM

Default Re: H1B visa
Originally Posted by suzanne4 View Post
And this just reinforces what I have said all along about the H1-B visa. It is useless for nurses to even consider. And those that do, will be throwing out money, they will be paying the attorney and will only be told later on that it was denied. Especially when the attorney knows that it will not be approved.
I wonder what some agencies and lawyers will think of this time as both green cards for nurses and H1B visas are not available.
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No. 8
from suzanne4
Old Apr 04, 2007, 10:27 AM

Default Re: H1B visa
I love watching to see what they come up with. And most of them that have these crazy ideas have no experience with nurses. We have seen that happen several times even here when immigration attorneys will post and it includes information from long time ago. Such as the CGFNS exam is required by all that wish to work in the US. And we all know how untrue that is.

Same as the politicians in PI that think that the CGFNS Certificate is the same as the Visa Screen Certificate.

Wish they all would stay away from nursing issues and fuction in an area where they have experience.
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No. 9
from metalval
Old Apr 08, 2008, 11:03 PM

Default Re: H1B visa
Originally Posted by lawrence01 View Post
I wonder what some agencies and lawyers will think of this time as both green cards for nurses and H1B visas are not available.
Well, then the only option is to get married!
I would do that but I already am! Maybe I'll marry 2nd time?
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