application for nurse immigrant to US with pending 2B family sponsor

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Hi, im currently residing in the philippines.

I was petitioned by my parents last may 2004 under family sponsored(2B). Will my pending status affect my application as a nurse to the US? Thanks

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Yes it will. You cannot have two petitions submitted at the same time for immigrant status. If they catch it, they both get cancelled out.

Family based petitions from there will take more than ten years and actually longer than that. It will be much faster for you to go thru the nursing and employer based to get things done.

You may be able to use the same PD date though, suggest that you check with the US Embassy where you are before you do anything.

You cannot use the same PD if changing employers and for employer based, but if I remember correctly, you can use the same PD date if family-based petition was started and then you wished to change, since two different categories. But please get this verified.

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Yes it will. You cannot have two petitions submitted at the same time for immigrant status. If they catch it, they both get cancelled out.

Family based petitions from there will take more than ten years and actually longer than that. It will be much faster for you to go thru the nursing and employer based to get things done.

You may be able to use the same PD date though, suggest that you check with the US Embassy where you are before you do anything.

You cannot use the same PD if changing employers and for employer based, but if I remember correctly, you can use the same PD date if family-based petition was started and then you wished to change, since two different categories. But please get this verified.

Hi Suzanne4! If you're saying that you cannot have two petitions submitted at the same time for immigrant status therefore is it possible to have 1 pending immigrant(family sponsored) petition and 1 non immigrant petition eg. H1B,H1C etc?

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Yes, you cannot have two immigrant petitions at the same time.

Forget about the H1-B visa, it does not exist for nurses and has not in over three years. You will still see some immigration attorneys mention it, but they could care less, they get paid on completing the petition, does not matter if it gets approved or not, and it won't.

H1-C visas, there are only 15 facilities in the entire US that can employ with that. Ratios are very bad because they are short-staffed and usually in a neighborhood that is not considered safe at all.

Plus many other reasons that I would never, ever advise someone to go that route.

What you need to do is follow up and find out if your PD date from your family based petition can be used and counted now, if so, then it will be better for you to go thru employer-based petitioning using the old PD date. In this case, I beleive that you can. I would follow up on that before even thinking of a temporary work visa that is just plain bad news and you are a slave to them.

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Hi suzanne, thanks for replying. I didnt realize that filing for 2 petitions will be a problem. However, if my PD date from my family based petition can be used and counted now, i guess, that will be favorable for me, right?

I just need to have this verified with my immigration lawyer when i apply for a nursing career in the US. Thanks again!!!

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Two immigrant petitions, and if found by USCIS; they both get cancelled, and you lose your PD date.

You can have a non-immigrant visa application pending, and one immigrant; but not two immigrant visas at the same time.

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