Is is possible???

jano, LPN, LVN · Mar 30, 2008

Dear Suzanne,

I am seriously considering one agency referred by a friend who is already working in New York since Dec 2006 (he is lucky he beat the retrogression because he had his visa before retrogression came in place in Oct 2006) thru that agency. But i got to listen to a lot of well meaning and reliable sources before I proceed with an employment petition as I have a pending family based petition plus the fact that EB3 is under retrogression. I just want to put everything in place regarding my intention to migrate to US, then maybe I can work on the options available in other countries like Canada because I am aware that US immigration processing nowadays takes a very long time. A few years ago, my case which is F2B (unmarried sons and daughters of a resident) takes 5 to 7 only for the visa to come. Now my family petition has been pending for almost 11 years. Plus the fact that my mother is already 79 years old now and Lord knows how long we still got to live in this world. This is also the reason why I am seriously considering an employment petition running its course at the same time with my pending famiy petition. Thanks you so mcuh.

suzanne4, RN · Mar 30, 2008

First question would be the employer for NY, we have not seen any do any petitioning for the past two years or so as they do not want to wait the several years not knowing when the nurse will be available.

Also, was your friend petitioned thru an agency there? There have been many issues with the ones that were petitioning in the past there, just have a good read on the Philippine Forum concerning this.

Send me the name of the employer via pm, do not post it here. Not sure what to tell you other than the fact that it is going to be very difficult to get a decent job in NY with an employer petitioning you, especially since you have only been out of school for a year.

Where exactly is your mother living?

john83, BSN, RN · Apr 1, 2008

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

Just for back-up. Hehe...

john83, BSN, RN · Apr 1, 2008

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.

Yup, that is true. However, I just saw his updated show as seen in the ANC/TFC channel and it is current(march 2008). The same question was asked by the audience.

The best way though to know the real-time truth to the issue being raised is by the contacting his law office.

His site doesn't have an FAQ section unlike other lawyers. Perhaps if there is a volunteer who could suggest to him?

jano, LPN, LVN · Apr 5, 2008

dear John83,

Thanks for the info. will update you once there is already a confirmation as regards my case.

john83, BSN, RN · Apr 7, 2008

dear John83,
Thanks for the info. will update you once there is already a confirmation as regards my case.

You're always welcome jano! :nurse:

Sure, please do update us here with the progress of your case.:[anb]:

God bless!

bebotwaiting · Apr 22, 2008

I had two petitons for I140, both got refiled and both got approved on different occasions, at least 3 months apart.

I decided to stick with the closest priority date and signed on with the ds230. The other one I did not sign the ds230. About now they are asking for me to submit the ds230, but I told them that we are not going to. I just asked them if I could just re imburst them for their troubles.

Now the problem is, what if they decided to go to the embassy and report this to them? How would it affect my processing for the preferred agency? Should I be wary of any kind of actions they might take on my petition?

I am really afraid of what might happen to me and my papers.

What should I do?

P.S. I tried to look for the agency in POEA, and they are not even registered with them.

jano, LPN, LVN · Apr 22, 2008

You mean to say you were sponsored by two (2) different employers? I beleive your priority date now is current since you are being asked to submit a DS 230. According to my readings and research, you can be filed more than one I-130 by your parents, brothers or sisters. You can also be filed for an I-140 even if you have an existing I-130 application. But I am not sure for the more than one I-140 or more than one I-140. I think that the best thing to do is consult atty reeves. It costs 100 dollars but its worth it so that he can give you a legal advice on this matter since I have heard denials when the embassy found out if you have been filed for more than one I-140.

jano, LPN, LVN · Apr 22, 2008

You have to checked with a legal lawyer. Reeves and associates has an office in makati you can set up an appointment via video conference before you proceed with your DS 230. I have heard denials from the embassy if they find out that you had two I-140.

bebotwaiting · Apr 22, 2008

Yes, I got two I140's by different agencies. But I did not go on to sign the other ds230... The second agency did not inform me that they refiled my petition for the second time after it got denied.

jano, LPN, LVN · Apr 22, 2008

Even if you were not informed of the refiling of the petition for the second time, I am sure you became aware of it since you were given a copy of the approval of that petition for the second time. I think that you need to consult an immigration lawyer about it before proceeding with the DS 230 as soon as possible. And maybe you will need to settle things out first with the agency that you are dropping to prove to the embassy that you did not intend to take advantage of either agencies. I have read about visa denials for having two I-140's. In my case, I have a pending I-130 (family based petition) but still searching for answers if I can be filed for an I-140 with an existing I-130 application.

bebotwaiting · Apr 22, 2008

As what they told me, they are just going to settle with me the expenses that they incurred. And, thank God, they are just willing to let it slide... I don't even know if they are aware of it...

I am also suspicious about the agency... they asked me to sign a letter that is telling NVC that i have changed my authorized representative in the states, which I did not sign.