applying to the US and australia at the same time

lawrence01 · Dec 28, 2007

i have an approved employment based petition for immigrant visa, but because of the retrogression(unavailability of visa for skilled workers), which they say could last for a couple more years, i am thinking of applying for the meantime to australia. My aunt, who is an australian citizen would be the one to help me arrange my papers. She works in a hospital, and says they are hiring nurses. would i be in any way be in trouble with the law? i think it's unfair for us to be waiting five years for our US petitions, when so many opportunities are presenting themselves. I still want to pursue US, but for the meantime... we have families to feed and support...help please...

You will also have to talk about it with the one who petitioned you in the first place. Remember, you signed a contract with them and if you went through an agency that actually paid for most of your expenses, such as paying for your State Licensure application, Registration to take NCLEX, Visa Screen and CGFNS Certifications, Flights and accommodations, etc.. they have the right to request you to abide with your contract, esp. if your agency are one of those still optimistic about the situation.

It depends entirely on your agency if you went through one and esp. if they paid for everything. Some may be willing if you pay the cancellation fee of the contract or at least pay the expenses they incurred on your behalf but whatever it is you have to let them know of your plans. If you went through direct hiring or paid almost everything yourself and you let them know of your plans then they maybe accommodating of your situation.

What happens if visa numbers become available (whenever that will be) and you are not available because you are also under another contract in another country and your original agency or employer do not know that you are. They can sue you for breach of contract or ask for a cancellation fee you agreed to. So, it really depends on your agency or employer and what was written on the contract.

So, as you can see. If you are already under contract, the decision to move to another country may not be entirely up to you.

This is why Suzanne has been advocating that those who have not started anything yet or have not yet signed a contract with an agency or employer may wish not to start at all and just apply to another country from the start to precisely to not be on this kind of situation.