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Discussion

Contract Issues... pls help

Hello. My friend is having her consular interview this June and she's very distressed. Can anyone please share what they know?

Her story:

Her petition with Hospital A in Alabama was approved in 2004, but since there was a retrogression, her interview was delayed. Now, her agency says Hospital A was acquired by another hospital and no longer needs nurses. For her June interview, they gave her a contract from Hospital B in Texas.

Question:

Will this create a problem? The agency insists that it would not matter. Does anyone know if they check the Notice of Approval with the current contract to make sure the petitioner matches? Any input would be appreciated

Featured Replies

  • Experts

If her petition was directly with the facility, it does matter.

If her petition lists the agency as the employer, then she is okay.

Petitions are employer specific, not just general to the highest bidder later on.

And why did it take this long? Retrogression only lasted six months or so. I suggest that she speak with the immigration attorney that filed the documents on her behalf. Do not trust what the agency is saying, it is incorrect.

  • Author

Thanks, Suzanne. In the letter attached to her packet 3, it says "Petitioner: Lakeview Community Hospital" so I guess she was petitioned by the Alabama facility (Hospital A)? Oh no... sounds like bad news.

Her petition was approved late 2004. In March 2005, the hospital was acquired. And of course, there were agency problems... they neglected to pay for her visa fee bill (6 mos delay), and now they're telling her that presenting a contract from Hospital B will work fine and "others have succeeded with the same issues." I was wondering if it is indeed true that others have gotten away with it?

  • Experts

The agency is lying. Tell her to look for another one.

Petiitons are employer specific. If the employer listed does not have work for her, then the petition is null and void.

And the agency deserves to be slapped with a fine for lying and telling her to do so, as well.

I would greatly appreciate it if you would send mt the name of them, do not post it here, but send it to me in a pm.

when my first hospital backed out I had to refile again with it being a different hospital than what was on the forms and this was after I had recieved approval

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