H1b Visa for nurses under FY 2010 - page 38

I have applied for a work visa for the position as a dialysis nurse. I was filed last april 1 2009 and was wondering when will i get to have a visa? Anyone with a similar status of mine???:specs:... Read More

  1. by   JAMESBRYANT
    Hi to all, I just want to share my idea the way I understand the qualifications of H1-B benificiary especially for nurses. As per informations from USCIS, experience in your field has not been a requirement even a slight mentioned. Maybe that requirement came form the petitioner as one of their qualifications to fit into the postition offered. But as far as H1b requirements from the USCIS is concerned, it is not mandatory. Secondly, aside of having a BS degree and of course you can't practice here in US w/o state license, the position by itself offered should prove that the minimum qualification should be bachelors degree. Hence, many dialysis, surgical, etc. nurses, here in the US are holding associates degree not bachelors degree. But if like Director of Nursing or Nurse Practitioner, no doubt. Remember not all RN's here are BSN compare to other countries. Your petitioner needs to attest to the USCIS in a detailed way maybe by showing all the educational background of their current employees with the same position as your job offer are BSN graduates. We may feel the dilemna, looking for a job position that associates degree is only the qualification on the other hand, a jack-up position which requires US experience. So be carefully the misconeption and the catch especially to JNC2010, for you not to be mislead, just read USCIS website any questions you have in mind, because they are the authority not anyone else.
    Last edit by JAMESBRYANT on Oct 4, '10
  2. by   JNC2010
    @jamesbryant: what do you mean "So be carefully the misconeption and the catch especially to JNC2010"??? I don't understand? Is that for me or a warning to everyone?
  3. by   JNC2010
    JAMESBRYANT--hopefully you used to work for uscis.i am dying to ask alot of questions regarding how they process cases.they say 60 days on their website,but they are always late.oh my gosh!i dont know why.it is so frustrating.i think 60 days is enough for them to sniff around to see if im qualified for the position.all i want is a decision,a timely decision.approved of course.if it takes them longer to process a case,they should just type in 2-5 years not the standard 60 days.so that people would not wait and move on with their lives.
  4. by   NurseCubanitaRN2b
    The position that you're looking at is a Charge Nurse in a nursing home? If that's the case then I'm curious how that one will fly as you don't need a BSN to be a CN in a nursing home. Also your experience you stated was in the hospital which is totally different from a nursing home. Those don't seem to qualify for a H1b visa as a nursing home position isn't a specialty. Good Luck
  5. by   JNC2010
    NurseCubanitaRN2b- if you say is true.then how come uscis hasnt denied my case?they only denied it last year because they havent received anything.they even reopened my case last month.i would probably believe from someone who has worked for uscis before or currently active.everybodys case is different no two are alike.until uscis says no,then i believe im still qualified.better than sitting around with 5000 pesos salary.
  6. by   JNC2010
    NurseCubanitaRN2b---your statement is not absolute.if my lawyer generates an evidence that some states hire 4 year nurse graduate to a charge nurse position in a home care,then it will be enough for uscis.uscis even ask for an evidence that most states hire 4 year nurse graduate for that position as the minimum.
  7. by   NurseCubanitaRN2b
    Then I would suggest you contact USCIS for the answer and not ask your questions on allnurses because people that post on allnurses aren't working for the USCIS. I'm sorry if you're not receiving the answers that you want to believe but it's a fact. The is no position in a nursing home that I can think of requires a BA/BS as an applicant. Even the Administrator doesn't need a BA/BS (at least in CA) Just an FYI: people who don't get hired in the hospitals usually go to the nursing home to start off until they can get their foot in the door in the hospital. Even then, there are floor postions there that don't require a BA/BS but rather a ADN/ASN. What they can say is BA/BS preferred, but then again it's not a requirement. Good Luck
  8. by   NurseCubanitaRN2b
    Quote from JNC2010
    NurseCubanitaRN2b---your statement is not absolute.if my lawyer generates an evidence that some states hire 4 year nurse graduate to a charge nurse position in a home care,then it will be enough for uscis.uscis even ask for an evidence that most states hire 4 year nurse graduate for that position as the minimum.
    Oh you're looking at a home care position, and you have several experience as a CN in a home care setting? If the home care position requires BSN applicants then maybe, it depends also on your experience as a home care CN. But again, most places like that don't require a BSN. They can sure hire a BSN applicant, but if it's not a requirement then most likely it wont qualify for H1b status. Good Luck
  9. by   JNC2010
    NurseCubanitaRN2b- im not looking for someone who would lead the way.just sharing and expanding my knowledge on latest uscis gossip.im just waiting for the result right now.its fun reading peoples blogs.minor debating,but just remember do not trust people in the internet.
  10. by   NurseCubanitaRN2b
    Why get the gossip about USCIS when you can go straight to the sourse themself. Explain to them your position, your experience, the qualifications you have, and see what they say. Either way good luck in your process.
  11. by   JNC2010
    NurseCubanitaRN2b--thanks for your side of the story.goodluck also.
  12. by   JNC2010
    NurseCubanitaRN2b- ive been calling their office since last year.i mean my lawyer and petitioner.what ever you'll say,we've done it already several times.ive been doing everything to expedite it.so just to pass time,i go to allnurses.com.
  13. by   NurseCubanitaRN2b
    Frustration, been there and done that. Just try to be a bit patient more, hope you get the answers you want and soon! Good Luck!!!

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