JUst out of curiosity.... please reply

RNGrad2006 · Jul 22, 2007

Glad to hear that you got it submitted. You have been in the US several years, and very appropriate for you to be able to go thru the AOS process. What I have issue with is those that are coming to the US under the tourist visa with the idea of jumping ahead of the others now, especially since we are seeing delays and cancellations of interviews that were scheduled for next month. Someone coming to the US that has not even taken the NCLEX exam, and expects to be able to stay and just start to work is not sitting pretty with me right now. Last year I was more accepting, especially when there were visas, etc. But with what we have seen going on the past year and people waiting more than 18 months in many cases, I find it plain rude that some just care about themselves and are willing to take cuts in line just to attempt to help themselves. But the issue is that immigration is going to be watching very closely right now, and expect to see quite a few denials, especially those that came over on B1/B2 visas with the intention of staying. They are going to have to prove that they did not have double intent and this is going to get many. Burden of proof is on them, not on immigration. Attorneys do not care, they are still getting paid.
Enough of my soap box tonight.
And I am so glad to hear that it got submitted for you...... Now go out and celebrate.
:balloons::balloons::balloons::balloons:

Thanks Suzanne...I appreciate your support and kind words. Yes, we have been in the US since 2003. I know there are a lot of people outside the US that are frustrated with AOS but I don't think that all realize the process. As far as I know a PD date in CP would not get superceded by somone in AOS with a later PD. All of the I485 applications being submitted now with a I140 not even approved will not get ahead of those waiting in CP with approved cases. I think we need to work together not against each other. But I understand the frustration of those not able to get in the country and do consider myself very fortunate to be in the US.

But I do not understand your comment about attorneys not caring and giving clients wrong information since they get paid anyway. My attorney works for the hospital and it wouldn't be in my attorney's best interest to give false promises as the hospital would not continue to use this attorney in the future. Those attorney's you are making reference to are they for clients that hire them directly. But for all EB based categories the nurse would always be gaining a petition through a hospital. I imagine you must be referring to agenices with somewhat unethical practices? I am glad I proceeded as I have as most employers are not even interested in green card petition until they feel you are worth their effort. It is a huge commitment on their part and that should also be remembered.

My husband and I have always followed every rule and when we lived in Washington even got something incorrect in our file and we were never told why but the INS came to our home and checked us out and it was finally cleared up. I was detained several times at the border and it was a inconvenience but we always remember that the security of the US is at stake and it is important to ensure all laws are followed.

I understand your frustration with those using a visitors visa to gain access to AOS. I am surprised any have been processed at all. That would seem a direct violation of the visa. And surprised that people would have the guts to even attempt it. My husband has UC and has flared with the slightest stress so that would not work for us. He is a worry wart and going through that avenue would just be a straight ticket to the hospital for him. He unfortunately had a bad flare when we moved to Arizona and finally succeeded in getting off prednisone after 6.5 months of trial and error. He has been quite sick but thankfully is doing well now. I find it makes me a little more compassionate at the bedside though, and feel that all things happen for a reason.

I guess I also better get off my soap box now. Thanks for all you do for nurses. We are looking forward to what life has in store for us and thankful for the opportunities we have enjoyed in this great country.

suzanne4, RN · Jul 22, 2007

There are attorneys that do things correctly and there are others that are only worried about getting paid for the petition. They get paid whether or not the petition gets approved. We are still seeing attorneys offering to do the H1-B petition for an RN, knowing well in advance that it will get denied, but they are doing it to get the money and for that only. And attorneys can have contracts directly with facilities, and they can be hired privately. Have seen problems with it both ways. Not all attorneys look out for the welfare of their clients, unfortunately. There are those that do, but there are also those that don't.

And an EB3 visa can also be petitioned by an agency, it only requires an employer, there is no place that states that it must be a hospital. And it can also be done by a nursing home. You have been in the US on other visas, but for those that are going thru Consular Processing, there is only the green card available for them. There is no choice of any temporary visa for them. All that wish to work in the US as an RN need to have the green card, unless they are under a special treaty visa such as those from Canada, Mexico, or Australia.

And there are quite a few that came thru the US last summer on the tourist visa and went with the AOS process and got their documents submitted, some up until the very last day that they were accepted; and they are getting their green cards now. So they got processed much faster than those that have gone thru CP.

What happened last year really does not matter at this point, especially since the entire US has been under a retrogression. The issue is that there are those now, that are going to try to go thru AOS on the tourist visa to jump ahead of all others and that is not fair. And we are seeing it in particular from one country. But as you said, you are quite aware of what immigration will do, and the burden of proof is on you, not them. I am sure that we are going to see an increase in denials for those that have come over here very recently and expect to get thru on this. They should no longer be permitted to do this to keep things fair for everyone else. You have done things the right way, and with the AOS opening, then perfect for someone like you. But on a tourist visa, they should not be congratulated for coming over here now to try this, but should be shamed for it. It is rude, plain and simple.

I am actually still seeing poor advice given to people by some attorneys. Such as that AOS can be submitted when the person is not even in the US at this time. And we still see it happening, but it cannot be done.