Need information concerning US and retrogression

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Hi,

I am an NCLEX RN passed Nurse and I would like to process my papers for US Immigration. But I came to know that the Retrogration period will be beginning 2008 and continues until 2011. Is this information correct?

Kindly let me know.

Thanks,

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Specializes in Gerontological, cardiac, med-surg, peds.

Post moved to International Forum for better response.

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Specializes in Medical and general practice now LTC.
Hi,

I am an NCLEX RN passed Nurse and I would like to process my papers for US Immigration. But I came to know that the Retrogration period will be beginning 2008 and continues until 2011. Is this information correct?

Kindly let me know.

Thanks,

Congratulations on passing your NCLEX. You can't process your paperwork for the US you need an employer to do that and also Retrogression has been ongoing since Oct 2006 and many nurses affected with no idea when it will finish but looking at current processing dates for India you are looking at the moment on May 2001 (6 years). Much has been written in this forum on current immigration issues so suggest a good read

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Hi,

I am an NCLEX RN passed Nurse and I would like to process my papers for US Immigration. But I came to know that the Retrogration period will be beginning 2008 and continues until 2011. Is this information correct?

Kindly let me know.

Thanks,

That information is inaccurate. There has been retrogression since Nov. 2006. It has been in place for more than 1 year now and no one and I mean no one (including immigration lawyers residing in the US) knows when it might be lifted so some one saying a very specific date on when it will be lifted doesn't know what they are saying. Retrogression can be lifted next year or after the US Elections or maybe 2, 3 years from now. No one knows. The current estimate (they do this on a monthly basis via the Visa bulletin) is actually at least 6 years if coming from India. They are only processing 2001 from India and China for EB3 (this is where nurses and PTs are currently under). The EB2 (those w/ Master's degrees and higher) coming from India and China has actually retrogressed more than their EB3 counterpart coming from the same countries and have the chance that it may even become "unavailable". Everything is a direct result of those who filed for Adj. of status in July and Aug. when they are not suppose to because there are no visas available. Other countries are affected too but India and China are the most affected since many from those countries did the Adj. of Status (mostly from H1B visa) last July and Aug.

*You can read more about it here:

http://travel.state.gov/visa/frvi/bulletin/bulletin_3897.html

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Everything is a direct result of those who filed for Adj. of status in July and Aug. when they are not suppose to because there are no visas available.

This has me really ticked off :angryfire

I know several nurses who have PD's coming up to 2 years old already, they have been waiting very patiently in their home country, doing everything correctly, and still they have no visa.......and then there are those who cut in line and spoil things :angryfire

It's just not fair.

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D. INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY

It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008.

- From Jan. 2008 VB

Employment Preferences - Worldwide and Philippines:

First: Will remain “Current”

Second: Will remain “Current”

Third: Slow forward movement should be possible while demand patterns are established.

Third “Other Workers” (All Countries): Little if any forward movement is expected at this time. Should the current demand pattern continue, it may be necessary to retrogress the cut-off date at some point later in the fiscal year.

- From Dec. 2007 VB

D. EMPLOYMENT VISA AVAILABILITY IN THE COMING MONTHS

There has been no forward movement of the Employment cut-off dates for November. The reason for this is that it is still too early to see what impact the movement of the cut-off dates toward the end of FY-2007 may have on demand. Depending on the rate of demand being received from Citizenship and Immigration Services offices for adjustment of status cases, some forward movement of dates may be possible for December.

- From Nov. 2007 VB

Just making several quotes from the recent Visa Bulletins.

The surge in AOS that happened in July and Aug. really made an impact on everyone else, directly and indirectly. Even the expected forward movements for worldwide (outside PIC countries) and Philippines slowed because USCIS has yet to determine the exact demand and it's possible effect. They can't commit to anything since they are still finalizing exactly how many applied for AOS and from what country. The only thing established so far is that India and China are most affected by it (this explains why these 2 has been separated from the rest since the Sept 2007 VB).

*Visa Bulletin:

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

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USCIS has yet to determine the exact demand and it's possible effect. They can't commit to anything since they are still finalizing exactly how many applied for AOS and from what country.

Lawrence, does this mean once USCIS has dealt with the "aftermath" of the July/August "fiasco" then it will become more clear as to how and when visas will be distributed to those waiting for Packet 4 and Consular interview?

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Lawrence, does this mean once USCIS has dealt with the "aftermath" of the July/August "fiasco" then it will become more clear as to how and when visas will be distributed to those waiting for Packet 4 and Consular interview?

In my opinion, yes. That's the way I see it. Not so sure if the visas to be distributed will be enough, though but I'm more optimistic for countries outside PIC. Those already on Packet 4 and just awaiting interview will definitely have better chances and esp. if not from PIC.

Month after month, it has been becoming clearer on w/c countries will be most affected by the July/Aug "fiasco".

On a side note, base from the previous VBs, the Philippines has also been tracking what is happening to the worldwide (countries outside PIC) demand and if the trend continues nurses from PH already on Packet 4/Interview may have the same chances as with their worldwide counterparts.

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This is why I get so angry when those post that they just came to the US a couple of months ago on a tourist visa and decided that is was just fine to jump in line in front of all others that have been so patiently waiting. That essentially they are better than the others that are waiting.

What was being done before the last retrogression and what things were done has no bearing at all on what is happening over the last year and anyone that came on the tourist visa with the idea that they would stay and work here, will need to be watching their every move for sometime. Just because they got their petitions in, does not mean that they are going to be approved, especially if they did not have the VSC submitted with the petitions. Even for those that were granted advanced parole, it does not mean a thing in terms of getting a green card at all. That is handled in another office in the first place and with a separate petition for that.

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This has me really ticked off :angryfire

I know several nurses who have PD's coming up to 2 years old already, they have been waiting very patiently in their home country, doing everything correctly, and still they have no visa.......and then there are those who cut in line and spoil things :angryfire

It's just not fair.

Nurses have had the privilege of cutting in line in front of other professions for quite some time. It is important to remember that many of those under H1B who applied for I485 last July/Aug have likely waited a lot longer than many nurses but I guess those under HIB are inside the country unlike many who are waiting outside the country. My point is there are always 2 sides to every story. I waited over a year just for the chance to apply and am prepared that the wait for the green card could be many years into the future but just thankful to be here in the US. I know in my area there is definitely a shortage of nurses and the turnover just on our floor alone is absolutely amazing. Ever since I have been there (just over a year) we have never been fully staffed. Just when we are close then people quit and we start all over again. My hat goes off to management. It must be very frustrating.

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Specializes in Medical and general practice now LTC.
Nurses have had the privilege of cutting in line in front of other professions for quite some time. It is important to remember that many of those under H1B who applied for I485 last July/Aug have likely waited a lot longer than many nurses but I guess those under HIB are inside the country unlike many who are waiting outside the country. My point is there are always 2 sides to every story. I waited over a year just for the chance to apply and am prepared that the wait for the green card could be many years into the future but just thankful to be here in the US. I know in my area there is definitely a shortage of nurses and the turnover just on our floor alone is absolutely amazing. Ever since I have been there (just over a year) we have never been fully staffed. Just when we are close then people quit and we start all over again. My hat goes off to management. It must be very frustrating.

I am quiet happy for the H1b's and their chance to change status if their employer is supporting them but what is so frustrating is hearing posts from other nurses that think it is OK to go to the US knowing there is retrogression and try to change status and post about it. Unfortunately many admit to having tourist visas when doing this which does indicate certain countries but I am sure there are nurses from other countries who use the visa waiver opportunities that do the same thing.

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Nurses have had the privilege of cutting in line in front of other professions for quite some time. It is important to remember that many of those under H1B who applied for I485 last July/Aug have likely waited a lot longer than many nurses but I guess those under HIB are inside the country unlike many who are waiting outside the country. My point is there are always 2 sides to every story. I waited over a year just for the chance to apply and am prepared that the wait for the green card could be many years into the future but just thankful to be here in the US. I know in my area there is definitely a shortage of nurses and the turnover just on our floor alone is absolutely amazing. Ever since I have been there (just over a year) we have never been fully staffed. Just when we are close then people quit and we start all over again. My hat goes off to management. It must be very frustrating.

If you are referring to the Schedule A visas, I don't see that as cutting in line in front of other professions. Those visas were specifically for RN's and PT's and didn't take anything away from those in other fields who were waiting for visas under H1B etc.

As silverdragon already said, it's those who travelled to the US on tourist visas with the intent of adjusting status who, IMO, acted unfairly and have now spoiled it for those who have gone through the procedure correctly and as a result, are now years away from getting to the US.

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