H1C visa or wait retrogression out?

Silverdragon102, BSN · Oct 4, 2007

Ringing the London Embassy won't make any difference, they are only processing visas with PD of Aug 2002. You may have stood a chance in July/Aug for filing I140 and AOS but that window has closed and after the fiasco and the huge applications I can't see the window opening again for several years.

suzanne4, RN · Oct 4, 2007

One big issue with the H1-C is that if you accept it and then do not like the facility, or they do not like you; you will have roughly less than a month to come up with another facility that can hire under that visa, or you will be forced to leave the US. You cannot reinstate your F-1 status in the Us, but will have to leave to get the I-20 issued again, as well as getting accepted again to a program that qualifies.

Not sure why you did not go thru the AOS process when it had an open window in July. Thought that you would have gone that route when you had the chance at it.

Now, new statistics have come out and there were actually about 800,000 petitions for the I-485 submitted last month, both for the ones that were being petitioned, as well as their dependents.

Without already having a PD date and being in the process, there is no way that anyone can tell you anything. Do not expect anything to be coming up this year in terms of extra visas for nurses; visas have already been recapped and used, so not sure where they would take them from; there are none waiting to be used. This is a new fiscal year and what ever was available were just used in the last few months to get those thru the process that had had everything completed and just needed a number.

rsmit02 · Oct 4, 2007

Hi guys,

Thanks for the info, I didnt apply during July as I havent sat nclex yet was not ready, I am planning to take it in a month or so. I do understnad the downside to the H1C but having to go home now is a bigger downside.

I did check about the F1 visa and you can apply for it here in the usa and go to the us consulate in NY for your visa interview I spoke to my international student advisor and she said they would happily accept me back as a student as my GPA is 4.0 and issue the I-20 within the 30 days as long as I had the paper work required as I do.

Does anyone think there will be a fix to retrogression in the next 12 months at all??? Whats your best guess?

Ruthx

suzanne4, RN · Oct 5, 2007

If you read the thread that Lawrence made about it actually being in the 800,000 range for the I-485 petitions that were submitted last month, do not expect anything to open for you in the next year.

There is still a significant number from your country that are waiting for a visa number and they have completed files already. So chances are looking at slim at the very best for even the next two years.

Best of luck to you.

(In the past, I-20 visas had to be renewed out of the US once they are gone or are expired. Students have had to wait to get it renewed when they went home and take the chance that it would not get renewed. I would check actually with the Consulate directly before doing anything. You still see students posting of this.)

Snowstorm · Oct 5, 2007

Hi all,
I am seriously considering applying to a local hospital here in NJ who sponser the H1C visa. I truly would rather be working in a rough neighbourhood with the worry of my contract being terminated than sat here as a student unable to earn money. I figure if they terminate my contract I could also apply to be a student again.

What hospital are you talking about? Mercy medical center does not exist anymore. Elizabeth med. center is not on the list, and they told me that they don't sponsor H-1C anyway. Should they try, it will be hard for them to prove that they can't find enough American nurses, considering the fact that there is a nursing school right there, and considering the fact that you are a new grad.

By the way, H-1C program expires on Dec. 27, 2009. So, You will have to apply for change your status from H1-C to any other before that date.

I would say get your OPT for one year if you are eligible for one and start working on OPT. It gives you much more flexibility. In order to get H-1C you need to obtain your Visascreen certificate first.

P.S. I don't recommend to file I-140 if you plan to file for F-1 in the future again.

malika · Nov 22, 2007

What hospital are you talking about? Mercy medical center does not exist anymore. Elizabeth med. center is not on the list, and they told me that they don't sponsor H-1C anyway. Should they try, it will be hard for them to prove that they can't find enough American nurses, considering the fact that there is a nursing school right there, and considering the fact that you are a new grad.
By the way, H-1C program expires on Dec. 27, 2009. So, You will have to apply for change your status from H1-C to any other before that date.
I would say get your OPT for one year if you are eligible for one and start working on OPT. It gives you much more flexibility. In order to get H-1C you need to obtain your Visascreen certificate first.
P.S. I don't recommend to file I-140 if you plan to file for F-1 in the future again.

can you or someone else explain why it's not recommended to file I-140 if I plan to file for F-1 in the future again. How about I am going to remain on my F-1 and parallel with that apply for I-140? is it also not recommended? if no, why not?

suzanne4, RN · Nov 24, 2007

There are no visas available at this time, so no reason to file for the I-140. At least in my opinion.

There is a rule about dual intent as far as immigration goes. It is one thing if you have been on the F-1, then have finished your training and are ready to go for the green card with its processing. But if you start that and there are not any visas available as there are now, then an officer for immigration can declare that you have dual intent and not grant the student status any longer for you.