Immigrant Visa and Working Visa Application

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Hello,

I need some advise regarding immigrant visa and working visa. I am a registered nurse in the Philippines. I passed the CGFNS and IELTS exam. Planning to take NCLEX in USA.

I already applied hospital employment to the recruitment agency in FLorida. My immigrant visa petition has been approved already last 11/16/2004. The priority date is 2/05/2004. We all know that retrogression is on going and I cannot wait this too long.

So, now I am planning to apply a working visa in Chicago. I am just wandering if it could be possible. Please do give me advise, if the pending immigrant petition will be affected once I applied the working visa.

I met a male nurse last week and we have the same case. Waiting for the interview. We just met once. He also have a pending immigrant petition with the same year applied. Since he doesn't want to wait the pending petition due to the retrogress, so, he decided to apply a working visa last January 2005. Interview from US embassy done last week and he is now scheduled to go to Chicago on May 2005. He then told me to write in the working visa application form about the pending immigrant visa status. Is it really true? Do you have also a friend who have the same case as him?

I already submitted the requirements needed for the recruitment agency in Chicago. The male nurse also told me to pay $750 for the attorney's fee. But I will pay it directly to the lawyer thru bank draft.

Please give me some advise if I will continue applying the working visa or I will have to wait the immigrant visa petition.

Thanks in advance.

thanks, ma'am suzanne. i will follow what you've advised.

wrong answer. it is definitely affected because the petition was already submitted by an agency...........a different agency. once you sign with one and the process begins, and you try to get out of it........you are majorly screwed. they provided a service and placed the nurse, adn paid the fees for the petition as well as immigration lawyer fees......they can ask for all of that money to be repaid to them, plus a penalty, which can be quite high. they also have the right to cancel the petition. remember that the agency is doing the petition, they can just as easily cancel it.

this is not how to get ahead in the us by going back on signed contracts. you definitely lose face.............and not something that you want to do because you are in a hurry..............you will be paying out more money than you will be getting in..............big, big mistake.

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Good choice............ :)

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Hi,

I already passed my NCLEX. My I-140 is filed on 11/11/2005. I have my packet III and returned it to NVC last Aug 25, 2006. I'm just waiting for my case to be forwarded to consulate. It's already 9 months of waiting. Is this a usual waiting period still? Is this because of the retro?

Thanks for the help.

:)

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Specializes in Medical and general practice now LTC.
Hi,

I already passed my NCLEX. My I-140 is filed on 11/11/2005. I have my packet III and returned it to NVC last Aug 25, 2005. I'm just waiting for my case to be forwarded to consulate. It's already 9 months of waiting. Is this a usual waiting period still? Is this because of the retro?

Thanks for the help.

:)

I little confused do you mean Aug 06? and you filed Nov 05. That is a lot of delays, How long did it take for you to get approval of I140? I would have thought if you sent packet 3 in august you would have made it before the October cut of when retrogression started. So yes at the moment you are stuck in retrogression and you will not move any further until a visa is available for you

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I little confused do you mean Aug 06? and you filed Nov 05. That is a lot of delays, How long did it take for you to get approval of I140? I would have thought if you sent packet 3 in august you would have made it before the October cut of when retrogression started. So yes at the moment you are stuck in retrogression and you will not move any further until a visa is available for you

Thanks for the reply. Its a typo it should be Aug 06 for the packet III. Approval of I140 is May 06. When you say visa is available, is this where the priority dates are use?

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Specializes in Medical and general practice now LTC.
Thanks for the reply. Its a typo it should be Aug 06 for the packet III. Approval of I140 is May 06. When you say visa is available, is this where the priority dates are use?

Just realised that you have asked this in a old thread may have been better starting your own :)

Yes this is where the priority date is used and I am suprised that you was not processed if you sent DS230 in August, makes me wonder if for some reason there was something wrong with your file. At the moment the date used for visas is Aug 03 but hopefully something will be sorted in the next few months and then things can start moving forward for everyone but at the moment you are stuck in the queue

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Then you are not working as a nurse............please be very careful with a contract like that...............there are no "working visas for RNs. Period.

There is the green card, and the EAD that comes with it before hand.........

But don't get yourself into a predicament that you will be stuck with for the next three years.................

When the retrogression is lifted, you will be screwed..............

What type of salary are they offering you????????what type of work conditions? If they are looking for 175 people, that is going to be "slave labor"--they only care about numbers, not the nurse...............

I was about to begin a new thread and since it is being talked about here, may I ask: Exactly how different are immigrant and working visas? I am planning to apply for working visa. If you say 'there are no "working visas for RNs"', then it must be very disadvantageous to apply for such. But why? :uhoh3:

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here, you may want to read these two threads about h1b visa and h1c visa.

hope this helps. ;)

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Specializes in Medical and general practice now LTC.
I was about to begin a new thread and since it is being talked about here, may I ask: Exactly how different are immigrant and working visas? I am planning to apply for working visa. If you say 'there are no "working visas for RNs"', then it must be very disadvantageous to apply for such. But why? :uhoh3:

Nurses for the last few years have been given GC which allows better protection for the nurse and employers must pay the same as a US trained RN as previously foreign nurses where horribly abused. There are a few threads mentioning H1C which basically means that the hospitals are really struggling to get nurses probably a very bad area to live and work but with this visa they can pay whatever they want and if you was to loose your job you would have to find another hospital very quickly who would transfer the visa or you will have to leave the country. Most working visas ie H1B offer no protection and once you have left the job you have to leave the country with a GC you can stay even if you don't work at that premises anymore. GC is still a working visa and if coming with a family will enable everyone to work as everyone on the petition will get one if you come say on a H1 then only you can work

Sure suzanne will explain a bit better but hope this has been of use

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The only "working visa" that is accepted all over the US is the green card.

Unless you are a holder of a passport from Canada or Mexico and are covered under the Nafta TN Visa, or from Australia, and are under their specific visa that is available in the US. Other than that, use only the green card.

The H1-C visas are bad news for nurses. Period. Much has already been written in it. So will not discuss it here.

If you have an H1-C visa, it can be upgraded to the green card once processing is back in place for it. But that is with the same employer only.

You cannot have an immigrant visa pending and then accept an H1-C visa thru another agency at the same time. You would be having to break one of the contracts, and that is not a good thing. Most will have a cancellation policy and it will need to be paid. And with the increase in immigration fees coming, these cancellation charges will be significant.

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Hi there

I am an LPN and a Registered Nurse here in Northern Marianas Island and I am currently holding a Visascreen and a 10 Years B1/B2 VISA. I have just graduate from Nursing last year May and I don't have any work experience yet as of now. I am still waiting for my application to be accepted at the hospital here. It really takes forever for processing papers here and I was wondering if anyone here knows any employer in the U.S. preferably in California that can petition me while I finish my contract here in Northern Marianas Island. I know it usually takes a while for the processing time. I know that the employer in U.S. has to fill out the I-140 form and need my VISASCREEN. I have already worked on my California endorsement last week. Please if anyone could help me I would really appreciate it. I need an employer from California. Also, am I qualified for Immigrant Visa?

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Have you actually passed the NCLEX-RN exam? You will need that to be done before anyone can start a petitioning process for you. You mentioned LPN in your post, so not sure which exam that you have taken.

Where exactly are you? If Saipan, then you will need to get a visa that will permit you to work there, and the tourist visa does not cover that. Where did you go to nursing school?

And if you have not even started to work there, you are looking at a two year contract there, most are not going to want to do anything if you will not be ready for so long.

What exactly have you gotten done, if the hospital has not even approved your contract there yet?

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