About I-140

  1. Hi, I filed my I-140 at the end of December, but I havent received the receipt yet. It has been 4 weeks.
    Anybody who had ever filed I-140 can tell me, usually how many days will receive the receipt notice?
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  2. Visit Sylvia00 profile page

    About Sylvia00

    Joined: Jan '05; Posts: 12

    15 Comments

  3. by   suzanne4
    Did you actually do the filing or you sent the papers to your attorney to be filed? Big difference...................
  4. by   work_usa
    One of my friend had applied for I-140 at the same time as yours, has not yet received the receipt.
  5. by   carvanaragon
    my employer filed I-140 in my behalf on December 28, 2004. i received my receipts last Jan 12, 2005. i am scheduled for fingerprinting February 1, 2005. hope this is informative.
  6. by   Sylvia00
    Quote from suzanne4
    Did you actually do the filing or you sent the papers to your attorney to be filed? Big difference...................
    My attorney helped me to prepare but I sent it out by myself.
  7. by   suzanne4
    And did you send by regular mail or courier service?
  8. by   Sylvia00
    Quote from carvanaragon
    my employer filed I-140 in my behalf on December 28, 2004. i received my receipts last Jan 12, 2005. i am scheduled for fingerprinting February 1, 2005. hope this is informative.
    Thank you for your reply.
    You know, I am so unlucky.
    You know, from Jan 1, 2005 I-140 and I-485 can not be submit on the same time.
    I sent my I-140 and I-485 out via overnight mail on Dec 30, 2004, and supposed the mail will arrive on Dec31, 2004, so that my application will avoid the affect of the new law ( I'am from one of those three country: Philippines, China, India). However, after I sent out my application I found the meno online, which it said that application package should be physically received on or before Dec 30, 2004, otherwise application will be affected by visa regression.

    This week my attorney received the return package of I-485 from USCIS, which means that my I-485 was rejected. They accept my I-140. But I havent receive the notice yet. I am so worried about it right now. I dont know how long I need to wait to submit my I-485. Even though I have the job offer now, I have to wait for 2~3 years for going to work. I dont know how to tell the hospital now.

    So bad. I am in the hell.
  9. by   carvanaragon
    December 31 is an official holiday so official working day ended 30 December. The date of filing corresponds to the date when the USCIS have deemed received your application so most probably USCIS received your application on the next working day which is on 3 January. Those dates were really very critical. It did also happen to my friend, her application for I-485 was returned together with the fee, although her I-140 was retained and for adjudication.

    Discuss with your lawyer what could be a remedy for your case.

    1. Ask your lawyer the possibility of H1-B visa. generally, RN does not qualify as an H1B position like in California because the state does not require a bachelors degree for licensing as RN. In some states like North Dakota, which requires a BSN degree for licensing as RN, RN will qualify as an H1B position.
    If you have an advanced nursing practice, it may also qualify for a H1b position.
    2. Another short cut being considered nowadays i heard is the PERM which is effective March 28, 2005 but it caters to unskilled and non-professionals like caregivers, laborers, domestic, etc.

    So it is best to consult your lawyer regarding your case because they know better.

    But dont despair because a lot of proposals to address this problem is now being considered like

    1. Special legislations from US congress to exempt RN's from EB3 visa requirements due to shortage of healthcare service providers.
    2. Regulations exempting alien RN's from strict requirements of H1B classification.
    3. Eliminate the 7% limit per country because other countries do not meet their limit, esp sending nurses to the US.
    4. Exempt foreign RN's from annual numerical worldwide limit due to increasing shortage of healthcare workers in the US.
    5. And a lot more.

    And if you have read the previous relevant posts (if not, go back and try to review all the posts), it has been said many times that USCIS policies comes and effects so quick.

    Hope this helps.
  10. by   suzanne4
    There are still no H1-B visas being offered for nurses. That ruling went into effect last year for at least two years.
  11. by   suzanne4
    Quote from Sylvia00
    Thank you for your reply.
    You know, I am so unlucky.
    You know, from Jan 1, 2005 I-140 and I-485 can not be submit on the same time.
    I sent my I-140 and I-485 out via overnight mail on Dec 30, 2004, and supposed the mail will arrive on Dec31, 2004, so that my application will avoid the affect of the new law ( I'am from one of those three country: Philippines, China, India). However, after I sent out my application I found the meno online, which it said that application package should be physically received on or before Dec 30, 2004, otherwise application will be affected by visa regression.

    This week my attorney received the return package of I-485 from USCIS, which means that my I-485 was rejected. They accept my I-140. But I havent receive the notice yet. I am so worried about it right now. I dont know how long I need to wait to submit my I-485. Even though I have the job offer now, I have to wait for 2~3 years for going to work. I dont know how to tell the hospital now.

    So bad. I am in the hell.
    Best thing is to talk to your "new" employer, as well as your attorney. All of the employers are well aware fo these rulings. And as we keep stating, they can change just as quickly. I wouldn't lose any sleep over it. Just continue to get all of your things completed, if they aren't already done so, so that you can be first in line when things go in your favor...............
  12. by   NYrnTX
    perm[color=#606420] is not at all useful for nurses because nurses don't have to go through labor certification. perm is 'fast-forward' approach to clear the so called 'labour certification process. labour certification is a process that uscis do to make sure that qualifed american residents are not available to do the work a foreign personnel is qualified to do (ex: software job) . since nurses belong to schdule a category (the category which us govt. already know that there are not enough americans to do the job) they dont need this labour certification.

    unfortuately, perm **might** adversely affect nurses. all these years, there were not much **non-categorya*** folks eligible to file for gc because of the 3 year long labour certification for them. since the perm is going to reduce that 3 year delay to just 3 months, there will be more and more people who will be eligible to apply for gc and this **might** make less visanumbers available for nurses.

    the bottom line is some exception is a must for nurses. and senator tom lantos has already presented a bill at the senate on this behalf. keep our fingers crossed and see how it goes..



    Quote from carvanaragon
    december 31 is an official holiday so official working day ended 30 december. the date of filing corresponds to the date when the uscis have deemed received your application so most probably uscis received your application on the next working day which is on 3 january. those dates were really very critical. it did also happen to my friend, her application for i-485 was returned together with the fee, although her i-140 was retained and for adjudication.

    discuss with your lawyer what could be a remedy for your case.

    1. ask your lawyer the possibility of h1-b visa. generally, rn does not qualify as an h1b position like in california because the state does not require a bachelors degree for licensing as rn. in some states like north dakota, which requires a bsn degree for licensing as rn, rn will qualify as an h1b position.
    if you have an advanced nursing practice, it may also qualify for a h1b position.
    2. another short cut being considered nowadays i heard is the perm which is effective march 28, 2005 but it caters to unskilled and non-professionals like caregivers, laborers, domestic, etc.

    so it is best to consult your lawyer regarding your case because they know better.

    but dont despair because a lot of proposals to address this problem is now being considered like

    1. special legislations from us congress to exempt rn's from eb3 visa requirements due to shortage of healthcare service providers.
    2. regulations exempting alien rn's from strict requirements of h1b classification.
    3. eliminate the 7% limit per country because other countries do not meet their limit, esp sending nurses to the us.
    4. exempt foreign rn's from annual numerical worldwide limit due to increasing shortage of healthcare workers in the us.
    5. and a lot more.

    and if you have read the previous relevant posts (if not, go back and try to review all the posts), it has been said many times that uscis policies comes and effects so quick.

    hope this helps.
  13. by   carvanaragon
    PERM is not helpful for nurses because it caters to the non-professional and unskilled workers like CAREGIVERS, laborers, domestic, etc. Nurses belongs to the PROFESSIONAL group but could be used by some who would want to go through this. The lawyers have their way of doing things sometimes.But i personally would not want to advise this too because it means that one has to get an employment as a caregiver. We dont want to hear Nurses working as "caregivers". But when a nurse already here for any other reason want to adjust status but could not readily avail of the EB3, according to the lawyer may use it. i dont know how they are going to do that.
  14. by   NYrnTX
    Normally, Immigration to US on Employment category is a 3 step process

    Step1 : govt. verifies that No qualified americans are avaialble for the job (Labour certification)
    Step 2 : Employer files a petition (I-140) to the govt saying that I am willing to hire this person
    Step 3 : Applicant files for Adjustment of Status.

    Among these 3, step 1 (labour certification) is the most complicated and time consuming process (Aprox. 3 years irrespective of Prioirtiy dates) PERM is desgined only to reduce the delay in labour certification.

    We nurses (and PTs) are lucky because nurses dont need labour certification and can directly go to step 2. Since PERM is meant ONLY for Labour certification it is not going to help nurses at all. A qualified nurse using PERM ( how ?? ) is like someone who is already on the second floor going down to first floor and then going to third floor.

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