Is is possible???

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Hi all!

I have a pending green card application *it will turn 2 years this August* and I I'd like to know if I can take the NCLEX-RN exam in Saipan without losing my petition. Is it possible?

One time my mother had this 10 years multiple US tourist visa and it was cancelled when she applied for a working visa. A different case but could be similar to mine right now. Or at least might happen.

Thanks in advance for your replies!

J

Dear Suzanne,

Please comment on the message posted by john83 below. Looks like you

have different views. Thanks so much.

Originally Posted by suzanne4 viewpost.gif

You can have a non-immigrant petition pending for a visa and then have a immigrant visa pending, but you cannot have two for the immigrant visa active at the same time. This is the point that we are trying to make.

Best to check with the attorney that is handling your original petition.

Yes, such would be true if the case would involve two or more employment-based immigrant petitions existing at the same time.

The exception would be two or more family based petitions(one serving as back-up for the other) and family based petitions combined with only one immigrant employment-based petitions. -post by john83.

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Dear John83,

Thanks for taking time to read and answer my message. We share the same views but just double checking with my fellow nurses for assurance. Have you had similar case as mine? Are you from the Philippines and have gone through the Philippine consular processing this type of case. Thanks a lot again. I am still triple checking with diffrent immigration lawyers just to make sure. But havent checked with the immigration lawyer handling my original petition (F2B). You know it costs 100 US dollars just to have that question answered.

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Specializes in Med-Surg,OPD ER,School/Clinic,Teaching.

To further strengthen what I posted, here is my reference:

http://gurfinkel.com/immigration_updates/2002/november10-2002.html

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Specializes in Med-Surg,OPD ER,School/Clinic,Teaching.
Dear John83,

Thanks for taking time to read and answer my message. We share the same views but just double checking with my fellow nurses for assurance. Have you had similar case as mine? Are you from the Philippines and have gone through the Philippine consular processing this type of case. Thanks a lot again. I am still triple checking with diffrent immigration lawyers just to make sure. But havent checked with the immigration lawyer handling my original petition (F2B). You know it costs 100 US dollars just to have that question answered.

You're welcome. We are nurses helping nurses the best way we can. Hehe, sure, you can always verify and should check many times if in doubt.

Nope, but I listen to immigration shows even while I'm here in the RP.

I remember an old song(not too old) from Maja entitled "It's all about the money"...Hehe, it makes sense in this present time.

Money can be one thing but it can't be everything. We must rely on God and not on material strength. Heavenly treasures do not fade unlike money which is temporary and can be lost or stolen.

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Dear John83,

Thanks a lot, that saves me 100 dollars from the Reeves lawyers. I hope the consular officers here in the Philippines would honor those laws. You know I heard a lot of unjustifiable denials here. Do you also have family petition? Has pending employment based petition? I am now searching for reputable agencies. Thanks so much again.

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Dear Suzane,

Please comment on the post of John83 regarding www.gurfinkel.com. And I quote " EMPLOYER PETITIONS

"In addition to family petitions, another way to obtain a visa is through an employer's petition, either as: (1) a temporary worker (H-1B), or (2) as a green card holder (Labor Certification).

Even though a person is under petition by a family member, they can still be separately petitioned by an employer. There is no law barring a person from simultaneously seeking different immigration benefits." Thank you so much.

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Specializes in Med-Surg,OPD ER,School/Clinic,Teaching.
Dear John83,

Thanks a lot, that saves me 100 dollars from the Reeves lawyers. I hope the consular officers here in the Philippines would honor those laws. You know I heard a lot of unjustifiable denials here. Do you also have family petition? Has pending employment based petition? I am now searching for reputable agencies. Thanks so much again.

It's a pleasure to be of some help to you jano! Hehe, knowledge must be shared for the good of all.

The world is never perfectly fair, only God's justice is.

I have no family-based petition, hehe, I wish I had one. I only have an employment-based petition, under the consular process.

You're welcome once again! God bless!

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It's a pleasure to be of some help to you jano! Hehe, knowledge must be shared for the good of all.

The world is never perfectly fair, only God's justice is.

I have no family-based petition, hehe, I wish I had one. I only have an employment-based petition, under the consular process.

You're welcome once again! God bless!

Not sure why you wany a family based petition, it would make you close to 40 before you would get to the US.

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Dear Suzanne,

I was only 32 when petitoned by my mother in 1997 and was not yet a nurse then. Now I am 43 and became a nurse just last year 2007. I just want to have a sure job when I leave my country that is why I am considering applying thru an agency here in my country. I am trusting your judgment that is why I am asking for your opinion because I got conflicting views from you, John83 and the immigration lawyers.

Thanks for any further information.

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Do you actually have an employer lined up? Be aware that it is going to be about five years of a wait until you will have a chance at a green card via an employer. There is no way of knowing if one will get it as there are many more applicants than there are visas when they are available. We are currently under a retrogression and have been for sometime, since October/2006.

Family-based petitions normally take 15 to 20 years to get, they are not something that is done quickly. And as mentioned before, each case is individual and should be discussed with the attorney handling your initial file since they have all of the information related to your specific case.

You are free to listen to whom you please, just consider the source.

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To further strengthen what I posted, here is my reference:

http://gurfinkel.com/immigration_updates/2002/november10-2002.html

If you take the time to note the date on this link, it is from 2002 and much information has changed since then. Almost all of it, including H1-B visas for nurses.

Always make sure that the information that you are posting or referring others to is actually current. This is already 5 1/2 years old, we did not have a retrogression then, either.

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Dear Suzane,

Please comment on the post of John83 regarding www.gurfinkel.com. And I quote " EMPLOYER PETITIONS

"In addition to family petitions, another way to obtain a visa is through an employer's petition, either as: (1) a temporary worker (H-1B), or (2) as a green card holder (Labor Certification).

Even though a person is under petition by a family member, they can still be separately petitioned by an employer. There is no law barring a person from simultaneously seeking different immigration benefits." Thank you so much.

The link that he referred you to is 5 1/2 years old and the information there is outdated. There is also a retrogression in place now and has been since October, 2006.

You need to contact the attorney for your case, since there are specifics to that and your attorney is privy to all of the information.

We have not had H1-B visas for nurses for about four years as a start, since the time that the Schedule A came into being. But that no longer exists. And depending on the state, CA is one that does not accept the H1-B for bedside nurses because of the strong union representation.

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