Published Aug 29, 2006
MQ Edna
1 Article; 1,741 Posts
I passed NCLEX on Aug.21st,2006, because I got my nursing degree here in USA, I got a job offer from a local hospital in May. I emailed my hospital's HR on July,2006 to ask them do the Job Posting thing for me. For RN green card, you have to do a JOB POSTING for 10 consecutive business days, after that, you still have to wait another 30 days to file your I-140 and I-485 for RN green card. But I talked to my hospital yesterday, they didnt do the JOB POSTING for me. So I have to wait at least 45 days to get my JOB POSTING done. What should I do right now? The nurse green card number will be gone in one or two months. If I wait another 45 days, there will be no green card number for me. If I file the I-140 and I-485 now, I dont have the JOB POSTING, there is a risk that the immigration officer will reject my green card application. What should I do? I hate those HR people, they didnt do their job.Can anybody give me some help on this? Thank you in advance!
FutureUSRN
302 Posts
You better talk to a lawyer....there are talks that retrogression will be delayed by one month - i.e. up to November. You can still make it if this happens.
Silverdragon102, BSN
1 Article; 39,477 Posts
I feel that you have been let down by the hospital. I thought that you can't fine I140
I am sure suzanne will be along soon and help
jonRNMD
320 Posts
hi there.....can you please post the link where you got this information...thanks
http://www.hammondlawfirm.com/alerts/08.14.2006_hcalert.htm
retrogression may be pushed back until november
hlg has learned that fewer ex visas were used in july than expected. accordingly, the department of state may be able to push off retrogression for one additional month. there are approximately 6,500 ex visas left in the queue.
once the ex visa allotment is exhausted, schedule a occupations -- registered nurses and physical therapists -- will by counted against the retrogressed eb3 visa quota. currently eb3 visas are retrogressed for five years, which means that an fully-qualified eb3 case filed today will not be allowed to become approved until 2011.
hlg is leading a team of immigration attorneys in order to lobby congress to extend the ex visa allotment. if successful we will stave off retrogression. to contribute to the cause, please contact chris musillo [color=#111111]([color=#006699][email protected]). to learn about the ex visa and lobbying effort, please visit: [color=#006699]http://hammondlawgroup.blogspot.com
keep up with the latest immigration news by signing up for all of hammond law group llc's free publications:
immigration alerts, medical monthly monitor and business immigration quarterly.
http://www.hammondlawfirm.com/mailing_list.htm
So, if one can set foot into the US soil legally starting September 1, then he has a chance to AOS before retrogression in November. This is a big gamble!
Am I taking it? Whew....this is quite a decision to make!!!
wow....thanks
with God's grace, hopefully my 140 be approved this year and 485 approved next year
suzanne4, RN
26,410 Posts
Hammond Law Group does not have a crystal ball, and neither does any other immigration attorney.
The issue is that you need the Labor Certificate to be submitted with the petitions. I suggest that you speak to the immigration attorney that is handling your file.
As soon as the visas are gone, they are gone. And no petitions will be accepted.
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If you come over the beginning of September, you are really playing Russian Roulette. The 60 day wait is the minimum that you are required to be here before it can even be submitted, but most attorneys recommend that you are here closer to 90 days, or it has a good chance of getting denied.
I would not tell anyone to chance it, it is your choice to make.
Just remember that if it gets denied, you need to leave the US. If a nurse has not already been in the US for a few weeks, especially from the Philippines, you are going to be walking a real tight rope. Right now, everything coming out of there is being checked and rechecked, and if you took the NCLE this summer, then you are going to have major issues finding an employer.