I-140 approved, hospital not willing to hire?

Published

Hi guys:

I have a quick question. If a hospital files a petition for a nurse and I-140 is approved and the file is sent to NVC - DS-230 and visa fee is sent as well but the hospital decides to cancel the job offer because it does not require the nurse anymore. What will happen to this immigrant application? can the nurse continue the consular processing but find another employer?

Or all the process needs to start from scratch?

Thanks

Up Vote Up Vote ×
Specializes in Medical and general practice now LTC.
Hi guys:

I have a quick question. If a hospital files a petition for a nurse and I-140 is approved and the file is sent to NVC - DS-230 and visa fee is sent as well but the hospital decides to cancel the job offer because it does not require the nurse anymore. What will happen to this immigrant application? can the nurse continue the consular processing but find another employer?

Or all the process needs to start from scratch?

Thanks

As far as I am aware you have to start from scratch as I140 is job related. If the visa fee has been paid and you have paid it then you should be able to claim expense but if they hospital has paid then it is them that has lost.

Up Vote Up Vote ×

Hi, My case is somewhat different. I signed up to an agency and unfortunately the petition was denied. I asked the agency to cancell my contract but they refused.

I am a passer since 2004 (cgfns,ielts/nclex). Now my license will expire and no single agency/hospital shows an interest to sponsor me because of issue from my agency. Now, I am just a good observer and enjoying my work here in the middle east. I am also the consultant/adviser of my younger sister and brother who are both nurses (twins). They got a very good employer who processes their papers and hopefully be included for this year visa.

Anyway, it is always best if you consult a lawyer or your prospective employer and never lie about your case.

God Bless....

Up Vote Up Vote ×
Specializes in Nephro, ICU, LTC and counting.
Hi guys:

I have a quick question. If a hospital files a petition for a nurse and I-140 is approved and the file is sent to NVC - DS-230 and visa fee is sent as well but the hospital decides to cancel the job offer because it does not require the nurse anymore. What will happen to this immigrant application? can the nurse continue the consular processing but find another employer?

Or all the process needs to start from scratch?

Thanks

You should sue the facility for your financial and psychological damage.

Up Vote Up Vote ×
Hi guys:

I have a quick question. If a hospital files a petition for a nurse and I-140 is approved and the file is sent to NVC - DS-230 and visa fee is sent as well but the hospital decides to cancel the job offer because it does not require the nurse anymore. What will happen to this immigrant application? can the nurse continue the consular processing but find another employer?

Or all the process needs to start from scratch?

Thanks

The I-140 is specific to that employer. They can cancel a petition in process and we have seen it done before. Especially if there has been a change in adminsitration.

Up Vote Up Vote ×
You should sue the facility for your financial and psychological damage.

Sorry, but cannot be done. The fees are usually paid by the facility. And they can change, we see it done all of the time.

What was the damage? None that can be proved. There is not one thing in any contract that requires an employer to go forward with everything.

Up Vote Up Vote ×
Specializes in Oncology/Haemetology/HIV.
You should sue the facility for your financial and psychological damage.

I just know that will make another facility just dying to sponsor the OP. Not to mention guarantee no foreign nurse ever gets petitioned in that area.

Up Vote Up Vote ×

Hello to all!!! Is it true that a visa can be processed and approved in just 3 months? What do you call this type of visa? I am from the Philippines and a family friend who's a direct agent from Florida required a few of us here to submit our credentials,resume',etc...and that they would facilitate the NCLEX there. Can you please give me any information if this could be possibly true? Thank you so much. MORE POWER TO ALL NURSES AND KEEP GOING!!!!!

Up Vote Up Vote ×
Specializes in Medical and general practice now LTC.
Hello to all!!! Is it true that a visa can be processed and approved in just 3 months? What do you call this type of visa? I am from the Philippines and a family friend who's a direct agent from Florida required a few of us here to submit our credentials,resume',etc...and that they would facilitate the NCLEX there. Can you please give me any information if this could be possibly true? Thank you so much. MORE POWER TO ALL NURSES AND KEEP GOING!!!!!

No it is not true

Up Vote Up Vote ×
Hello to all!!! Is it true that a visa can be processed and approved in just 3 months? What do you call this type of visa? I am from the Philippines and a family friend who's a direct agent from Florida required a few of us here to submit our credentials,resume',etc...and that they would facilitate the NCLEX there. Can you please give me any information if this could be possibly true? Thank you so much. MORE POWER TO ALL NURSES AND KEEP GOING!!!!!

There is not one thing that can be done legally in that amount of time. And if you are being brought over without taking the NCLEX exam, then you are being brought over in a student category or as unskilled labor.

Sorry, but you will be working as a slave. Stay away from it. You need to have passed the NCLEX exam to go thru proper channels.

Up Vote Up Vote ×
Specializes in Nephro, ICU, LTC and counting.
Sorry, but cannot be done. The fees are usually paid by the facility. And they can change, we see it done all of the time.

What was the damage? None that can be proved. There is not one thing in any contract that requires an employer to go forward with everything.

I see.

Up Vote Up Vote ×
Specializes in Medical and general practice now LTC.

my first hospital backed out just after I recieved approval, they cancelled a lot of foreign nurse applications, I was lucky to find another hospital to take over my case but did have to start all over again with filing I140. I did not have to pay anything and was not out of pocket

Up Vote Up Vote ×
+ Join the Discussion