on june 6 dos ammended their june visabulletin by adding a new category for nurses (schedule - a) and making it as 'current'. that means, all wait is over for nurses now and gates are re-opened officially on june 6th.
- update by nyrntx june 2005
update 2 : - for new comers
as the regular readers of allnurses.com know, this thread can be connsidered as the continuation of the thread "worst news for rns from india, phili..." (click here to view that thread : https://allnurses.com/forums/showthread.php?t=87149). worst news thread was started when darkness and gloom hit intl. nurse community when dos announced (dec 11 2004) the retrogression for nurse immigration from these 3 countries.
Shusterman is not saying the exact thing that you said. There are two big statements that were different from Shusterman and yours. Shusterman only speaks of "EB3 now" and not nurses from Schedule A. I hope you see the difference??? In Shusterman's news ticker he mentioned that the USCIS is approving 30,000 Employment Visas per month based on AOS. Employment Based Visas covers everything from computer programmers, accountants, teachers, managers, nurses, pt's, scientists, researchers, artists, actors, sports players, models, a whole lot more and all of them. The cases that were on AOS are not only nurses...it covers all workers...So it simply means that Shusterman did not contradict his statements before with regards to nurses and pt's. And neither do I.
Shusterman only speaks EB3 were all workers are congested in this category. Since nurses would be pulled out of the EB3 category and would have a new category under Schedule A, by logic there would be less demand, less demand means less congestions...If you would sum it all...it means only one thing...processing would be faster for Schedule A and it would definitely eliminate retrogression for Schedule A only. That is the foremost intention of the US Congress when they recaptured the visas for nurses.
Though this would not be done overnight but this is a new law that we are talking about, a new law that favours only a small percentage of workers. And if they would shut down EB3 and start processing Schedule A...just imagine how fast it would be if they can process an average of 1,000 cases per day!!!
One more thing...the backlog elimination strategy of USCIS would surface on Fiscal year 2006. The US fiscal year 2006 would start on October 1, 2005. It means that by that time...they have almost cleared the backlog.
The nurses from UK that you were talking about you said they got their green card two/three years...What are they Adjustment of Status or Consular Processing? I think they are on AOS, because if you go on CP you could get your green card in a few months. AOS is also based on priority dates. So even they are not covered by retrogression they simply have to fall in line for their greencards.
In conclusion, Shusterman and I have never contradicted our statements. Schedule A would surely be current and retrogression would temporarily end.
DALE
DALE
Hi Dale. I agree with you on this note. I have been reading Shusterman and the way I understand to make it short, there is this sort of preference for nurses as mentioned or referred to as Schedule A. I just dont know how to explain it further but that is how I comprehend it. Thanks for putting everything down. Keep it up!
Specializes in Medical and general practice now LTC.
The nurses from UK that you were talking about you said they got their green card two/three years...What are they Adjustment of Status or Consular Processing? I think they are on AOS, because if you go on CP you could get your green card in a few months. AOS is also based on priority dates. So even they are not covered by retrogression they simply have to fall in line for their greencards.
DALE
I would like to say again that I am a UK nurse who started this process may 2003 and still waiting patiently in the UK for my green card. I know of another UK nurse on here who started her process in 2002 and is only just now waiting to hear when her interview in London will be? I have not done AOS as advised by my lawyers as a very risky way which could easily turn nasty and result in a lot of problems for immigration.
It is hard on everyone regardless on where we come from and I am sorry that retrogression caused delays for a lot of people but please don't think it is easy for other nationals because it isn't. I think I can say for most the biggest hurdle is the CGFNS and they do take their time and not as quick as they could/should be
I am Intrested to learn the reasons given by your lawyers to make you believe that "AOS is a very risky way which could easily turn nasty".
I haven't heard of any dis-advantages for AOS and I do feel AOS has many advantages to CP. (I am aware that sometimes CP processing is little faster than AOS). The most important advantage is, once you complete NCLEX/CGFNS, you can get your EAD and start working in US within 2 months after filing AOS and EAD along with it. This is HUGE advantage!!
It would not matter how long is the processing time for AOS, as long as you are getting regular pay check from your Hospital.
Also, for AOS, you need not have to submit VS at the time you file AOS/EAD application. Its required only by the time USCIS process your application. (This can vary between 4 months - 18 months depending on your service center). That way you will get enough time to wait for the mercy of CGFNS to issue VS.
Summarize, If you are lawfully present in the US and opt for AOS, the only thing you need to start working in US is NCLEX. VS will come in the picture only later. Since you are exempted from Enligh requirements for VS, once you have NCLEX , you can (hopefully ) get your VS from CGFNS without much pain.
To the second part of your post
"I think I can say for most the biggest hurdle is the CGFNS "
Thats definintely true! Most of us are victims of the strange ways CGFNS do their work. But, If CGFNS is the reason why your's and your friends immigration journey is slow then it is not USCIS fault.
I would like to say again that I am a UK nurse who started this process may 2003 and still waiting patiently in the UK for my green card. I know of another UK nurse on here who started her process in 2002 and is only just now waiting to hear when her interview in London will be? I have not done AOS as advised by my lawyers as a very risky way which could easily turn nasty and result in a lot of problems for immigration.
It is hard on everyone regardless on where we come from and I am sorry that retrogression caused delays for a lot of people but please don't think it is easy for other nationals because it isn't. I think I can say for most the biggest hurdle is the CGFNS and they do take their time and not as quick as they could/should be
Yes there is rock bond here name Yano...have you been here? Thank you Dale... it helps me alot. Things are a bit clerarer now...
Yani
Yani:
(your name reminds me of a local rock band there in the Phil or it was "yano")
Yeah I know how hard it is to earn money in the Philippines. Do not worry...Yes I am sure you can have a share of the 50k visas. Your friend..."EVEN SHE HAS COMPLETED AND PAID ALL AND EVEN SHE HAS AN INTERVIEW SCHEDULE AT THE U.S. Embassy...SHE WILL NOT BE GIVEN A VISA OR HIS/HER VISA WILL BE ON HOLD UNTIL SHE PRODUCED A VISA SCREEN CERTIFICATE! She would not be able to fly to the U.S. without a visa screen certificate.
Now about your daughter, if she does not fly to U.S. w/in 6 months (or within the validity of the visa) the chance of your daughter immigrating to U.S. will be lost because the visa will expire.
I have read some articles from immigration lawyers that if you would inform the U.S. Embassy and explain them your case and you have compelling reasons for this matter they would consider extending the validity of the visa of your daughter. They are very understanding and considerate when it comes to reuniting familes especially you will be an immigrant. But you may need an immigration lawyer to guide you further on that matter. Talk to your agency's immigration lawyer, i am sure they have one.
Now i would like to ask. How long exactly would you like your daughter to stay there in the Philippines before you get her? She's a little young you said and being a single mom means no one would take care of her in the U.S. right? Because if your daughter would stay there in the Philippines for about 3 years there is another option for you that would be quite helpful.
As you know when you fly to the U.S. your status will be a "permanent resident" and you are eligile to file an immigrant visa petition for your daughter as soon as you get there. There is a non-immigrant visa category available for your daughter called the V VISA. The purpose of this V Visa is to reunite familes while they are still waiting for the approval of the immigrant visa petition. I have posted details of the V Visa on the previous page of this thread. Please read it, it might help.
ONE MORE THING I ALMOST FORGOT TO SAY...you have to include your daughter at the DS230 because you might be QUESTIONED SOON by the U.S. Consulates as to why you did not declare that you have a daughter when you petition her and that would be a BIG problem. Making false statements could mean visa denial. Just be honest and explain your case to the U.S. Consulates as to why you cannot take your daughter with you within that timeframe and ask them for consideration that her visa validity be extended.
I really admire women who remains to be strong despite of hardships and trials that came into their lives. Don't worry everything will be ok...
I would like to say again that I am a UK nurse who started this process may 2003 and still waiting patiently in the UK for my green card. I know of another UK nurse on here who started her process in 2002 and is only just now waiting to hear when her interview in London will be? I have not done AOS as advised by my lawyers as a very risky way which could easily turn nasty and result in a lot of problems for immigration.
It is hard on everyone regardless on where we come from and I am sorry that retrogression caused delays for a lot of people but please don't think it is easy for other nationals because it isn't. I think I can say for most the biggest hurdle is the CGFNS and they do take their time and not as quick as they could/should be
Silverdragon:
You have said in your posts before that you passed NCLEX last March 2004. You also said that you did not take CGFNS. So tell me how did you start your green card process last May 2003 when in fact you don't have a CGFNS Certificate or NCLEX at that time? What is the exact date your I-140 Employment Based visa was filed or your priority date? Which service center are you in? Phoenix would be in Arizona and that would be California Service Center right?
When we we speak of I-140 or green card processing we only count the time when your petition was filed. We don't count the time how long you took the review for NCLEX or CGFNS or how long it was for you to pass those exams, we don't count the time for CGFNS or the nursing boards to process your applications, we don't count the time you when you have decided that you want to work in the U.S. The time that we count is the time that you have filed your I-140. So tell me when was your I-140 filed?
If you have passed NCLEX last March 2004, I would say that you might have filed your I-140 application last April 2004.
I agree with NyRnTx...if sometimes CGFNS is the reason for the delay, definitely it is not part of the USCIS nor the national visa center...
We have some discussions and we do not agree with some matters with regards to processing times. I would like to ask you a question so that things would be clearer for me. When you said that it will take two or three years in Caifornia for nurses to get their greencards on Consular Processing...How did you count the "time" you consider that they have started the process?
Your Choices:
1. The time I-140 was filed at the USCIS. It means that the nurse applicant was sponsored by the employer/hospital. The nurse applicant has passed CGFNS/NCLEX, passed all English exams like toefl and tse or ielts. The nurse applicant possess a Visa Screen Certificate. (This time frame counting is based on priority date)
OR
2. The time that they have decided to they want to see Hollywood and all the actors and actresses. So they went to their nursing schools and ask for credentials and sent it to CGFNS/NCLEX or to the nursing boards.Waiting patiently for those papers to be processed, they went on to review for nclex/cgfns. They got their permits to test, took the test. Passed or failed whatever. Then they applied for englsih exams, waited patiently again fpr their papers to be processed...Passed or failed...The for some few months finally they have received their CGFNS Certificate/ NCLEX passing scores...They searched for an employer, review their contract, submitted their papers...Finally their I-140 was filed.
Because if you choose no. 2... I would agree on you that it will take you 3 years to fly to the U.S.
From the time that initial approval is given, until the time that the nurse is physically in the US has been two years for California, and as early as one year for the Vermont office. You have to take into account the sheer number of applications that are handled thru California.
Until fairly recently, California and New York were the two states that did not require the CGFNS exam, but NY requires the CVS. Many nurses did not want the extra few hundred dollar expense required for NY so they chose to go the route of CA, now that is changing because of the changes in the other BONs.
This is from all of the nurses that I have been in contact with from around the world over the past few years also. I-140 approval is actually fairly quick, it is all of the processes that have to occur afterwards. Delays crop up at any of the US Embassies around the world due to political problems, local holidays, as well as US holidays. Something else urgent has happened and the staff needs to be used for that..............
I even took a poll at work the other evening. There are quite a few Filipino nurses (male and female in my unit), and they all had minimum of two years from when their processing (I-140) was started. And I am in California.
Hope that this explains the rationale for my answers. :)
My petition was filed feb 2005, I passed NCLEX Jan 2005. Got visa screen approval April 2005 and now waiting for packet three.
Do you have your approval from the INS? If you filed your petition in the USCIS feb 2005 that is your pd, when did you get your approval and what service center are you in? Because you said that you're waiting for packet 3.
I am going with an agency here in UK, so all information comes via there, I recieved choice of agent letter on 17th April, and 4-6 weeks following this the US then send for Embassy money and then packet 3 is generated. At this stage I am expecting interview oct/nov time, so watch this space to see if all goes according to plan.
I have no idea which sevice centre they use but the companies office is in Savvannah. My licence is for New Mexico.
My VSC and immigration was started at the same time.
:smiley_aa 
:yelclap:
) get your VS from CGFNS without much pain.
kid80
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