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?
Sorry, but it is not the H1-C. There are actually only 14 facilities out of the entire US that can use this visa and there is not one in San Jose. There are also no rehab facilities on the list of the 14 facilities.
A rehab center is not normally considered as a hospital, patients go to rehab centers once they are done with their acute care at a hospital. This is another reason why it is not going to be the H1-C visa as well.
And if trying to go for a temporary work visa, then they are sponsoring you and not petitioning you. Petitioning is the word that is used when one is being submitted for the green card.
Also be aware of the fact that H1-B visas are under a lottery system and have a specific limit to them as well. And they actually do require that one be a specialist and not a new grad. The US government is currently going thru and evaluating all that have been issued in the past because many do not meet the requirements that they were supposed to have met. And a key is being a specialist in the area that you are hired for.
They also have a very strict cap to them as well. Applications cannot even be submitted until April, and then it is not for a start date until next October. So if you are being promised anything else, then they are quite mistaken.
The other issue that you are up against is that there are many new American grads in that area that are unable to find work, and the employer needs to prove that they are unable to hire an American. This is going to be quite hard to do at this time, especially since CA is ranked one of the highest in the country in terms of unemployment and Silicon Valley has also been hit quite hard.
I would advise that you take the time to do some reading about the H1-C visa as well. You need to be aware that with the 14 hospitals that are actually on the list to use this designation, there are only 500 active at any one time across the entire US. And also the fact that they are going to expire in 2010 and we do not think that they are going to be renewed.
And you are also listing old requirements. The CGFNS exam is only required for four states now out of the entire US and CA is not one of them. You need to possess a license in CA, as well as pass the English exams and have a Visa Screen Certificate in hand before they can even submit anything for you. This is required for every single temporary visa that is available, not sure if you have met these requirements or not.
Hi, I wonder if the US government is really investigating the H1B visa right now. I have a friend whose H1B was approved just this December and is now bound to arrive here in the US next week. She is not a specialist on any field. And I doubt she has hospital experience. Her state of assignment is not even mentioned in the list of the H1C sponsoring hospitals. She is under this agency who can get RNs H1B visas in few months time as long as you have the capacity to pay them (at least $10,000).
H1-C visas are very different from the H1-B visas. If she is being brought over on the H1-B, then this has nothing to do whatsoever with the H1-C.
But even more important and one thing that is going to cause her much problems is that the US government actually requires that for the H1-B visa that the employer pay 100% of the cost; if it is found that the employee paid even one dime for any of it; things are going to be cancelled out and the nurse will be given orders to leave the US. Your friend is in a very bad position and is going to need to watch over her shoulder all of the time.
And suspect that she can get deported for immigration fraud as well. The government is currently looking over visas that were already issued and they have been pulling some. The temporary work visa can be cancelled at anytime by the employer or the US government and they do not need to give advance notice or anything.
If she has no experience, then she is also going to have a very hard time meeting the basic skills that she is expected to have when she starts her position and that is grounds for her to get her visa cancelled as well. Tell her to be very careful with anything that she purchases, she may not have long to use it in the US.
And for what you have posted here, is just more reason for the US government to spend more time and investigate more of these visas. But the payment of the $10,000 is the best of all and reason for everything never to have been approved in the first place which again makes your friend subject to immigration fraud and then deportation.
I agree - employer is meant to bear the costs of a H1B (and can't make you pay for it in other ways like taking it out of your wages etc).
Just because there's an agency willing to take your money and break the rules, doesn't mean it's a good idea. They aren't the ones that get deported and banned from the US!
"... 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."
Does this mean that if one is currently petitioned by an employer under an EB3, he can still apply for an H1B under a different employer for the mean time while waiting for the retrogression to be lifted? would there be any legal implications for this?
With everything i have been reading here about H1B and H1C, it seems applying for these visas is quite a risky and very much precarious esp if one has a pending immigrant visa petition.. Does this mean we should just forget all bout it and wait for our priority date instead?
Specializes in Medical and general practice now LTC.
I believe you can apply for both work and immigrant visa at the same time however you need to be aware of any contractual clauses in your contracts that may overlap. i.e. if you have signed a 3 year contract for H1b and your immigrant visa comes up and it is with another employer what sort of cancellation fees will you have to pay
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suzanne4, RN
26,410 Posts
Sorry, but it is not the H1-C. There are actually only 14 facilities out of the entire US that can use this visa and there is not one in San Jose. There are also no rehab facilities on the list of the 14 facilities.
A rehab center is not normally considered as a hospital, patients go to rehab centers once they are done with their acute care at a hospital. This is another reason why it is not going to be the H1-C visa as well.
And if trying to go for a temporary work visa, then they are sponsoring you and not petitioning you. Petitioning is the word that is used when one is being submitted for the green card.
Also be aware of the fact that H1-B visas are under a lottery system and have a specific limit to them as well. And they actually do require that one be a specialist and not a new grad. The US government is currently going thru and evaluating all that have been issued in the past because many do not meet the requirements that they were supposed to have met. And a key is being a specialist in the area that you are hired for.
They also have a very strict cap to them as well. Applications cannot even be submitted until April, and then it is not for a start date until next October. So if you are being promised anything else, then they are quite mistaken.
The other issue that you are up against is that there are many new American grads in that area that are unable to find work, and the employer needs to prove that they are unable to hire an American. This is going to be quite hard to do at this time, especially since CA is ranked one of the highest in the country in terms of unemployment and Silicon Valley has also been hit quite hard.
I would advise that you take the time to do some reading about the H1-C visa as well. You need to be aware that with the 14 hospitals that are actually on the list to use this designation, there are only 500 active at any one time across the entire US. And also the fact that they are going to expire in 2010 and we do not think that they are going to be renewed.
And you are also listing old requirements. The CGFNS exam is only required for four states now out of the entire US and CA is not one of them. You need to possess a license in CA, as well as pass the English exams and have a Visa Screen Certificate in hand before they can even submit anything for you. This is required for every single temporary visa that is available, not sure if you have met these requirements or not.