Bad News For Nurses from The Philippines , China and India

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Specializes in Medical-Surgical.

Bad news for us nurses who wishes to immigrate to the US.

Starting January 2005, BCIS will implement cut off dates for EB3 category. That means they will go backward to 2002. If our priority dates are after the cut off date of somewhere in 2002, then it means a long wait for us to get are visas.

Since the Philippines, China anbd India fall under the category of oversubscribed countries for immigrant visas then we are affected.

You can visit this link for reference.

http://www.shusterman.com/siu.html

Read number 4 titled "EB Numbers Expected to Backlog Soon-RNs hardest hit.

Rep, Thanks for posting this. I had already been informed by the immigration attorney that I closely work with, and haven't had a chance to get it posted. I had wanted to review it completely before submitting the information.

Specializes in Medical-Surgical.
Rep, Thanks for posting this. I had already been informed by the immigration attorney that I closely work with, and haven't had a chance to get it posted. I had wanted to review it completely before submitting the information.

Suzanne,

Can you please ask the opinion of the immigration attorney that you are in contact with? It really helps if he /she could provide informations regarding this new development in immigration.

Maraming Salamat!

Rep,

Suzanne,

Can you please ask the opinion of the immigration attorney that you are in contact with? It really helps if he /she could provide informations regarding this new development in immigration.

Maraming Salamat!

Rep,

What I had heard from him, that anyone who had already submitted documents and had their initial acceptance would be okay, but any new submissions would be delayed for quite a bit.

From what he told me, you should be okay.

But remember that it will be up to the US Governement for the final decision. I haven't seen the exact papers from the government yet, only several different attorney's opinions on it.

:balloons:

Yep!

Right now, its just a rumour with a 99% chance of becoming a reality. When USCIC publishes their monthly Visa Bulletin on Dec 15, the immigration community expects to see the actual 'news'. There are (very little) chances that it may get postponed for another month or so. If they publish it on Dec 15, it means that, beginning Jan 1 2005, I140 and I485 will not be accepted for EB3 cases from the people of these three countries until they have a 'Visa number' available.

For someone who has either CGFNS/NCLEX passed (and already in US) the only thing they can do is to find an employer (or even an agency ?) to file their papers on or before dec 31 2004. Since Visascreen is not required to file I485, this step will get their EAD , start working and remain in lawful status in US

Yep!

Right now, its just a rumour with a 99% chance of becoming a reality. When USCIC publishes their monthly Visa Bulletin on Dec 15, the immigration community expects to see the actual 'news'. There are (very little) chances that it may get postponed for another month or so. If they publish it on Dec 15, it means that, beginning Jan 1 2005, I140 and I485 will not be accepted for EB3 cases from the people of these three countries until they have a 'Visa number' available.

For someone who has either CGFNS/NCLEX passed (and already in US) the only thing they can do is to find an employer (or even an agency ?) to file their papers on or before dec 31 2004. Since Visascreen is not required to file I485, this step will get their EAD , start working and remain in lawful status in US

Visa Screen is required for a change in status if already in the US.

Visa Screen is Required for Adjustment of Status (I 485 or AOS) only when they process your application. It is NOT required to file for AOS. Once you file for AOS with or without VisaScreen, you will get yout EAD and can start working provided all your other documents are correct

Note : Visa Screen must be submitted on or before they process your I485, ie aprox around 6 - 15 months after you file (depending on your service center). You can verify this with any reputed Immigration attorney in US. There is a big (time) difference between filiing for AOS and processing of AOS.

Visa Screen is Required for Adjustment of Status (I 485 or AOS) only when they process your application. It is NOT required to file for AOS. Once you file for AOS with or without VisaScreen, you will get yout EAD and can start working provided all your other documents are correct

Note : Visa Screen must be submitted on or before they process your I485, ie aprox around 6 - 15 months after you file (depending on your service center). You can verify this with any reputed Immigration attorney in US. There is a big (time) difference between filiing for AOS and processing of AOS.

One major thing is that all requirements must be met, and this means having the English skills, which many of the nurses have not finished when they went to the US on tourist visas. This is the biggest problem.............

And the other caveat thrown in is that many hospitals do not hire in December, from past experience, as this is a major holiday time in the US.

Many nurses who are not working right now, want to be off until after the holidays. This has been noted after being a nurse in the US for many, many years. I just do not want to get anyone's hopes up that if they rush, everything will be taken care of.

One major thing is that all requirements must be met, and this means having the English skills, which many of the nurses have not finished when they went to the US on tourist visas. This is the biggest problem.............

And the other caveat thrown in is that many hospitals do not hire in December, from past experience, as this is a major holiday time in the US.

Many nurses who are not working right now, want to be off until after the holidays. This has been noted after being a nurse in the US for many, many years. I just do not want to get anyone's hopes up that if they rush, everything will be taken care of.

This is why I have stated what I have......................if they have not already submitted their application for the Visa Screen, and are on the East Coast, chances are that they wil not have the document in hand when they need it and will be stuck..................allowing for the mail system at this time of year, and CGFNS doesn't send anything by courier, the nurse will be waiting quite awhile for the document, about four months on average, if not longer....................

If you have noticed, I have always been a big advocate of foreign nurses and I do not like it when I seen any of them taken advantage of, which happens quite a bit.

This is why I stated what I did................... :balloons:

that's really sad. anyway, nurses from the philippines are greatly affected. they have a very good opportunity to work here.im working with a MAGNET hospital and majority of the nurses are Filipinas and they think highly of us when it comes to work ethics. :p

Yep! thats very true!

So a nurse who passed CGFNS/NCLEX with out VisaScreen has two options (This is in the ONLY perspective that they can beat Jan 2005 deadline and file I485. RISKS/ Trade Offs invloved )

1) Get an employer NOT in east coast (under Vermont SC) so that you have more time to get your VisaScreen.

2)Since decemeber is the holiday/party month in America. Give a shot on agencies. Since they are pure business, they may be able to get your papers in before Jan 2005. Be double careful while dealing with agencies.

Also, if a nurse thinks that it is not possible to get VS by the time it is required, it may be better to wait. I sincerely hope that there will be an exception for nurses due to the HUGE shortage for qualified nurses.

Now it is not clear when the filing will resume once the dates retrogress.

Another question!

If a nurse from the Philippines are already in its final stage of immigration (just waiting for the interview date and PE schedule) will there be a setback in this case?

If you are in the final stages you should be okay.......................

Good luck.......... :balloons:

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