Published Jul 5, 2007
schumi
10 Posts
Hi! I'm a nurse from the Philippines. I signed up with an agency in the US last January 2007 and up to now, they still haven't submitted my petition to the USCIS, because according to them, I still haven't taken the english exam like IELTS, and the USCIS will not approve the application without IELTS. All the while, I was under the impression that they have already petitioned me and I was just waiting for my Notice of Receipt...until I asked them last month about the status of my petition. And then that was just the time that they asked for my IELTS, and I learned that I have already wasted 6 months and was waiting for nothing. Before I signed up with them, I have attended several hiring events of hospitals and agencies, and according to these agencies, the english exam (i.e. IELTS) is not a requirement for them to submit my petition or visa application with the USCIS and for my petition to be approved, since the said exam is needed only for visa screening and packet 4 (US embassy interview). I am really frustrated with my agency. Are they telling the truth? Is passing an english exam really a requirement for filing and approval of immigrant petition, or is it just for visa screen and embassy interview? Please help me. I would like to cancel my contract with them as soon as possible, if it is still possible. Thanks.
tanita
85 Posts
hello,
I passed NCLEX and have contract with hospital.But the sayed they won't proceed I-140 unless i pass Toefl or ielts. May be they are practising it because many foreighn nurses can't pass language tests.
Silverdragon102, BSN
1 Article; 39,477 Posts
It may be a requirement of the agency but they failed on informing you of this. Because you have signed a contract with them you may/will have a cancelling fee to pay. Are you not able to get the language exam done? I haven't heard that you can't file I140 without the exam because as far as I am aware the I140 is just regarding the job, although saying this if doing AOS (which currently isn't an option and shouldn't be as against immigration rules) then you need to file VSC at the same time as you change status.
This is my understanding
nursedandy
152 Posts
That might only be a requirement of your agency. Its never been a requirement to have a visa screen on hand when filing the I-140. We are all aware that in the past it was the english exam was real cause of delay for some nurses due to the fact that they don't have the visascreen at the time of interview all because of not passing the TSE.
But with the IELTS now being accepted other that toefl /TSE or toefl ibt ,I believe nurses have there visascreen sooner that before.
That might be the reason why most agency require this now before starting the petition process. I even encountered an agency that their major requirement for them to accept you as their candidate is for you to have a passing english exam result and they will pay for your CG and NCLEX exam.
They should have told you beforehand and not using the USCIS as an excuse of their own requirement:uhoh21:. Just my 2 cents.
jayann
52 Posts
hi schumi,
as far as i know we need english exam since english is our second langauge. this is one of the requirements for VSC..
hi schumi,as far as i know we need english exam since english is our second langauge. this is one of the requirements for VSC..
what they are saying is they haven't gotten that far, their agency hasn't even started the process by filing I140 and telling her 6 months later only when she is making enquires that they say she hasn't passed english exam and that is why they haven't started process. The agency should have been chasing her sooner if that is what they are waiting for
you are right ana...i guess i misunderstood her queries.