EB3 vs. H1-B

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Hi, I am a RN here in the Philippines and currently employed to a tertiary hospital. I've been working to several hospitals in metro Manila and Laguna since 2005. I did undergo different trainings such as IV therapy, CCN, PDN, etc. Could any one please help to enlighten me of what should i do after. I got stuck of waiting for my immigrant working visa (EB3). It all started after i passed my NCLEX and my IELTS a year ago. I already secure a visa screen and submitted all my documents. And the next thing i received is a case no. which stating that they received my application but still pending on Jul. 27, 2007 in NEBRASKA processing center.

My question is What does this mean?, I've never signed any contract yet because my grandma a US citizen whom i have sent all my documents to be given to her friend who happens to be recruiting filipino nurses to US. Does this mean that after my case has been process it automatically binds me to work with them?

Secondly, if not, could i apply for a non immigrant working visa (H1-B)? since it is a little bit faster to secure H1-B than EB3.

Thirdly, If yes, do i have to cancel my pending petition (EB3) even thou i never signed any contract with them? Will it affect my current petition if i will not cancel the previous petition? Because i am planning to wait for my immigrant working visa while working there under non immigrant visa.

Fourthly, Is there any such thing as non cap. is it true that they have no limit or quotas in securing non immigrant working visa? What can you say or suggestion about this type?

Thank you very much.:loveya:

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Specializes in Medical and general practice now LTC.

Not all hospitals have a no cap and not all hospitals will use H1b. If an agency has petitioned you and you have a file with I140 filed in Nebraska then would say that the agency is acting on your behalf and you may have some sort of contract with them even if you haven't signed so may have some cancellation fees. Would suggest you find out. H1b is generally used for specialist nurses and they are getting strict on the uses of that visa.

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Thread moved to the International Forum since it is not specific to working in the Philippines.

Your grandmother gave your documents to the recruiter who in turn submitted them. If they are the ones that are petitioning you, then you need to work for them or everything gets cancelled. And if you do back out, then you start the process all over again. The PD date cannot be transferred to another employer. You knew that your GM had a friend that was a recruiter, so you essentially could be considered as having a verbal contract with them, or something may have been signed by your grandmother on your behalf.

And this company has spent a good sum of money on your to get your documents submitted. If you did not want them to do anything, why did you give your documents to your GM to give to them in the first place?

H1-B visas require specialist status, having those seminars or certifications in the Philippines does not make you a specialist in the US. Things are done very different here, and the H1-B visas are actually being investigated now by the US government as many were not used by specialists that they were created for.

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Hi, it's me again thank you for the response on my problem. First of all i did not say that i don't like them. It's just that i never hear anything from them ever since i received my case no. I know that there is a retrogression in the US from visa bulletin updates, and nobody really knows when it is going to end. The projection of some migrant lawyers says's that PD batch 2007 may get their visa's by 2010. Well we are not yet sure about that. What i am afraid of is that my international license will expire by that time. By the way do i have to take the NCLEX and IELTS exam again if such case happened?

I use to surf the net and chance upon a web, stating in bold letters addressing to all nurses " ALL NCLEX PASSERS WITH VISA SCREEN why wait the US retrogression to end there in your country where you can start working here in the US until retrogression are lifted". They also stated in their ads that they are exempted and are not included in the 65,000 H1-B slot cut-off. They guarantee that they can get you H1-B visa anytime in less than 3 months. They did not mentioned any thing about specialist nurses but instead they mentioned attractive benefits. What can say or comments in this ads.?

Many thanks,:loveya:

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Specializes in CTICU.

Is it a hospital advertising, or an agency of some description? There are any number of agencies that are willing to take your money in exchange for a promise of a working visa - but they don't care what happens to you after they get your money.

A general nurse, even with a BSN, does not qualify as a "specialty occupation" which is required for H1B. I'm sure they can make something up to get it for you, but you're the one that will get deported if investigated by USCIS.

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Licenses need to be renewed every two years in almost every state in the US, as long as the fee is paid, then it does not expire.

I am very aware of these ads, but again, as mentioned the US government is now reevaluating all of the H1-B visas and we are expecting to see new rulings come out about them.

I have never liked the H1-B visas and never will for nurses. You can have your visa cancelled at any time by the facility, and then you have a short time before you need to leave the US. Most facilities are even unable to employ with this visa as the unions do not permit temporary workers in this category.

And coming from the Philippines, you are definitely not going to be considered a specialist here in the US.

Agencies can promise what they want, they are in the business of selling bodies to make money and nothing more. Your welfare is of no concern to many of them.

Again, you gave your documents to your grandmother to give to the recruiter, that means that they did things on good faith for you. I would contact them if you want out of the contract, but be aware that money has been spent and you will have to reimburse them for what was spent on your behalf. And you are looking at minimum of $5,000 US. They did this as a favor for your grandmother.

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So that means that i just have to get my license renewed before it will expire and don't have to re-take the exam again?

About the ads it is an agencies with a training facilities. You will undergo months of training with them and secure your license before they assign you to their clients. They also advise you to take driving lessons if you don't know how to drive because they will provide you a brand new car at your cost as soon as you start earning and working with them.

It seems that you will be working with them as a traveling nurse and the training is for you to get specialist with in that field. Is this what mean of getting specialty nursing to be qualified to get H1b?

Many thanks

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That is what we are saying, if your license remains current, then you do not have any problems.

Sorry, but the training programs that you are speaking of still require a visa to work in the US and the agencies do not provide them, that is done by the US government. And since we have no visas to adjust to, even if you come to the US on one of these shady programs, and that is what they are; there is going to be no way for you to remain in the US. Training programs do not permit you to work full-time either. And there are specific requirements to be met, and you do not get the documents from the US government to be able to even work part-time for months and months.

Not one of these programs is on the up and up as far as I am concerned.

There is no way to work in the US thru any of these programs, the retrogression is in place and it is going to be close to two years very soon.

And if it is a training program, it most definitely should not even qualify for the H1-B visa, that requires a specialist per the US government and they are investigating all of those visas now as well.

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Hi, I am a RN here in the Philippines and currently employed to a tertiary hospital. I've been working to several hospitals in metro Manila and Laguna since 2005. I did undergo different trainings such as IV therapy, CCN, PDN, etc. Could any one please help to enlighten me of what should i do after. I got stuck of waiting for my immigrant working visa (EB3). It all started after i passed my NCLEX and my IELTS a year ago. I already secure a visa screen and submitted all my documents. And the next thing i received is a case no. which stating that they received my application but still pending on Jul. 27, 2007 in NEBRASKA processing center.

My question is What does this mean?, I've never signed any contract yet because my grandma a US citizen whom i have sent all my documents to be given to her friend who happens to be recruiting filipino nurses to US. Does this mean that after my case has been process it automatically binds me to work with them?

Secondly, if not, could i apply for a non immigrant working visa (H1-B)? since it is a little bit faster to secure H1-B than EB3.

Thirdly, If yes, do i have to cancel my pending petition (EB3) even thou i never signed any contract with them? Will it affect my current petition if i will not cancel the previous petition? Because i am planning to wait for my immigrant working visa while working there under non immigrant visa.

Fourthly, Is there any such thing as non cap. is it true that they have no limit or quotas in securing non immigrant working visa? What can you say or suggestion about this type?

Thank you very much.:loveya:

Licenses vary state to state. In Arizona licenses are only needing to be renewed every 4 years but in other states like Washington State it is every year. So it does vary. I have had licenses in both of those states which is all I am aware of but I am sure the information could be easily accessed by checking individual state boards of nursing. And by the way H1B is not a non-immigrant visa, it is a immigrant visa. For an example of a non immigrant visa it is the TN visa that is available to Canadians and those from Mexico.

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H1-B is considered a non-immigrant visa; it is a temporary work visa and that only. And can be cancelled at any time.

That is why one can apply for the green card while on the H1-B visa; if they were both immigrant visas, then it could not be done.

The TN Visa is actually what is considered a treaty visa and is something separate from both. It is not affected by quotas, etc.

But the only ones that qualify for the treaty visas are the two that you have mentioned as well as Australia with the E-3 visa. Nice thing about the E-3 is that the spouse can work with that as well.

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Specializes in obstetric nursing.

Hi and good day to you.

This may be a very late reply but I have stumbled upon this on the net.

I am an RN from Cebu and I also have a pending EB3 petition filed in Nebraska. I have known some to leave the country through a working visa but probably not an h1b but I'm guessing it's an h1c.

From what I understand, you don't have to be a specialist nurse to qualify for this.

My petitioner is a rehab center in San Jose. We were asking them about this option but I did not quite understood their response. It states here that the petitioner must necessarily be a hospital. SO I guess that explains it. The hospital also need some prerequisites to make them eligible to apply for these visas.

Nurse visa or the H1C visa is a temporary nonimmigrant visa which enables foreign nationals to enter the US for performing services in the health sector as registered nurses (RN).

How to Apply For H1C visa:

An American employer hospital should file a petition for you under H1C visa category. The petitioner should necessarily be a hospital. On approval of the same you should make an application for H1C visa in the US embassy or consulate in your resident country. If you are in the US the application should be submitted to the USCIS field office.

Eligibility For H1C visa:

To apply for a H1C visa you should satisfy the following conditions:

  • Obtain proper license to practice nursing in the country where nursing education has been obtained.
  • Pass the Commission on Graduates of Foreign Nursing School (CGFNS) certification program as required.
  • Be eligible by complying with licensure requirement at the place of employment.
  • The employer hospital under which you are required to work should satisfy some of the eligibility requirements to make petition for you under H1C visa.

for more information pls visit the website http://www.altiusdirectory.com/Society/h1c-visa.html

I hope this will help you as this has really enlighten me.

God Bless and good day.

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According to the Labor Department, it is aware of only 14 hospitals that qualify to apply for H-1C nurses because of restrictions in both the statute and regulations

I hope you are applying to one of the 14 hospitals, the last time I looked there was limited positions available. This visa expires in december 2009.

http://travel.state.gov/visa/temp/types/types_1271.html

So if you are not in the US, why would a hospital bring one over for a few months of work. Also there is no hospital listed in San Jose.

Beaumont Regional Medical Center, Beaumont, Texas

Beverly Hospital,

Doctors Medical Center, Modesto, California

Elizabeth General Medical Center, Elizabeth, New Jersey

Fairview Park Hospital, Dublin, Georgia

Lutheran Medical Center, St. Louis, Missouri

McAllen Medical Center, McAllen, Texas

Mercy Medical Center, Baltimore, Maryland

Mercy Regional Medical Center, Laredo, Texas

Peninsula Hospital Medical Center, Far Rockaway, New York

Southeastern Regional Medical Center, Lumberton, North Carolina

Southwest General Hospital, San Antonio, Texas

St. Bernard Hospital, Chicago, Illinois

Valley Baptist Medical Center, Harlingen, Texas

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