I am starting a new thread to track cases from NVC - embassy to GC.
The best news for RN in China, Phillippines and India has been great and informative thread, but I think it is more appropriate and convenient if we start a new thread.
Also with the rapid scheduling of interviews for most of us, I am looking beyond the CP and anticipating the GC!
The August interview schedules are out already in India, and recently in the Philippines and hopefully in China.
Here is my case details
Category : EX Schedule A
USCIS receipt : April 2004
Processing Center : Vermont
I-140 approved : October 2004
NVC case number : MNL2004813XXX
NVC forwarded packet 3 : April 5, 2005
Packet 3 sent back to NVC : May 3, 2005
NVC case completed : May 16, 2005
Consular Interview : August 29, 2005
Visa received : ???
Date of entry in the US :???
GC receive : ????
I hope you can also post here your details interview experience.
it actually states that the only time that a pd date can be transferred is if the person was going thru aos and is in the us; and has received approval of the i-140 but it is more than 180 days and they have not received approval on the i-485. then they are permitted to change employers and all stays the same. that is the only time.
if one has their petition cancelled or denied for any reason, then they start all over again. changing employers is also under this if one is under cp processing.
and it is written there.
this what i found on uscis web-site,
title 8 cfr 204.5(e) retention of section 203(b)(1) , (2) , or (3) priority date. -- a petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. in the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date. a petition revoked under sections 204(e) or 205 of the act will not confer a priority date, nor will any priority date be established as a result of a denied petition. a priority date is not transferable to another alien.
sec. 205. [8 u.s.c. 1155] the secretary of homeland security 1/ may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. such revocation shall be effective as of the date of approval of any such petition.
here there's nothing about aos or cp. from the above it seems that one can retain pd unless the earlier approved petition was revoked or was denied in the first place.
I guess since your previous petitioner did not actively get the approved petition revoked, you could retain your PD. You were lucky either way. All the best.
Please do not answer for me. Also iam a She not a He i have dialogue with the hospital aswell as my agency. i also know a foreign nurse that started there 6 weeks ago. It is a rural hospital so are well understaffed they run with a severe shortage and 30 percent of there nurses at the moment are foreign they have told me they can't attract local nurses. I have been waiting for a long time and have done my homework. I don't entirely trust my agency so i like to speak direct to the facility who interviewed me and i have met and talked to on many occasions, everyone has an opinion on the financial situation and nobody knows where it will lead, it is a world crisis not just an american one. Speculation is one thing but fact is another every nurse on this forum will have a different story to tell and i was just sharing mine i am not being naive as some are portraying me and i have fully researched this whole process. I know job offers are being withdrawn but there are still many hospitals outwith the major cities especially that are still looking to take in foreign nurses that is a fact.
I apologize if I mistook you for a he, no offense intended.
As for answering for you, I believe that the question was a general question using you as a reference, since the one who post wants to clarify why some job offers are not being cancelled. From what I understand also, it is a common practice here in this forum on sharing ideas whoever posted it. There 's the PM if somebody wants to ask a direct question.
I/we are just answering questions and clarifying issues with the intention to help. Trying to paint someone as naive, is and will never my intention.
It's been a good 1-2 years since my facility hired a foreign nurse (Im here in SO CAL and working in 3 facility), I did registry in one of a long term facility and saw a new filipino RN working and she told me that she is working under "working visa".
1. if the hospital is not being truthful to topscot that the job offer is still standing, why would they be so and what on earth is their reason? - there's a middle man in topscot's situation and that's the agency. the agency have investment in this case so they want to maintain their "nursing pool" in the event that us open up again. if the agency will tell topscot that there's no active job offers, do you think he will remain with this agency? if he left, there goes their investment. so they will try to hold on to topscot for as long as they can hoping theat us open up again, or the agency eventually decide that is not good business communicating with their prospect. or whichever comes first. so it's not really the hospital who is not being truthful.
but topscot was talking directly to his employer/hospital, not the agency.....
she was interviewed by the hospital, but as mentioned by her she has an agency.
I am always up to excitement reading the messages posted by Dhel. This person provides a very good and detailed advises, responses etc. Keep it up.
In which state are you IN right now and how's the situation there? My Uncle lives in North Carolina, works as a nurse too. I phoned him up last night asking how is the situation going on there...He said Life haven't changed that much, though he admitted the present economic downfall of US at present. With Regards to Nursing lay-offs, freezed hiring, job offer cancellations etc, he just advised me to pray. Accordingly, Nursing shortage in NC is still very significant, in his hospital alone, there is a huge need for more nurses, offering job offers for nurses abroad are still continous, and they opted to do the overtime due to understaffing. He worked for a certain health system there.
On the other hand, My cousin is living and working as a nurse also in Sacramento California, He confirmed to me that indeed US is suffering from horryfying E-crisis. Several Recruitment Agencies had closed, hospital merging is common to avoid closure, freezed hiring etc etc.
Maybe the impact of this E-crisis varies from state to state. Larger and industrial states may suffer and feel the effects more.
Let us just pray doubly hard for our applcation. Added to that, let's pray for America as well.
Still hoping for the best.
Thank you for your kind comment.
Im here in SOCAL right now, working in 3 hospital, dont ask me how:D I think there will be openings for nurses and in my opinion being an RN is still one of the easier job to look for IF you have at least 2 years US RN experience.
I know 2 hospitals in SOCAL who was hardly hiring a couple of months ago but open up hundreds RN/LVN position due to CPR/BLS scandal. I called it BLSGATE.
There are and will be open positions, there will be more openings where an experienced US RN dont want to go...but the reality is, there are more new grads now, UR RN who'se facility was closed or looking for a better job, RN from another state and RN who are looking for 2nd or 3rd job (just like me:cry:). Thus less need for foreign RN.
I am working here in the top 2 biggest hospital employer here in the entire CA, CHW and KAISER. CHW used to hire a lot of foreign RN but not anymore, and Kaiser is a different story (off topic:chuckle)
My co-worker who'se been in my facility for 35 years has postponed her retirement twice. The last one was very rescent. We had a despedida party for her, and she had to go back to work again because her retirement savings are invested in AIG. Poor timing!
I feel for her, because she cannot afford to retire because of the economic downturn and she is passed the retiring age. One less position for foreign nurses.
She was interviewed by the hospital, but as mentioned by her she has an agency.
But Topscot mentioned/stated that it was the hospital who assured her that the job offer will still be standing for her to which Suzanne remarked that the hospital is not being truthful to Topscot.
So the question still stands.What is the reason for the hospital to be untruthful on Topscot's job offer?
Topscot is not going to an area where it is the norm that many foreign nurses have gone to, and she has over 17 years of experience as well.
My comment was not pointed directly to her, but the fact that the facility must prove that they cannot get an American for the job now. Things have changed drastically here in the past few weeks, the DOW is down almost a thousand points just in the last two days, to a point not seen in almost five years. It is going to be very hard pressed for a facility in the larger areas and larger states to be able to prove that they cannot find an American to work. As mentioned here, nurses are taking on one to two extra jobs now to cover expenses. And if you notice, that when the Visa Bulletin came out in June, it stated that things were on hold until October, and they expected things to be back to where they were with the cut-off in June, but they are back to the beginning of 2005 now with this month.
What was even happening a month ago is most definitely not the case right now and it is expected to get much worse here for the months ahead.
There are always going to be different situations, but the majority of the foreign nurses here were petitioned by larger facilities in the major metropolitan areas and these are the very ones that are undergoing hiring freezes and lay-offs now. Most in particular and hard hit is CA where a large number have signed contracts for.
Even Florida has drastically changed their requirements for the foreign grad in the past couple of months if you have a look at their website. The US is in serious trouble right now.
Mam Suzzane. Hello once again. so sorry for getting you more confused. I would like to repost again my message dated October 06, 2008. Perhaps you mislooked reading this.
October 6, 2008 ( two days ago )
Hello Mam Suzzane. Just would like to clarify things up to avoid confusions. Sorry if I wasnt able to state it well.
As I mentioned above, My PD remains to be the PD of my first I-140 (August 2005). When I knew about this last April 2008. I Immedietly emailed to my lawyer questioning why the PD remains August 2005.
Note that I emailed my lawyer last April 2008, and Got their reply on same month, which also by that time, They've gotten the visa fee bill notice.The Email I've gotten from my lawyer which I posted ( copy nd paste ) above was received by me last APRIL. It was also during April 2008 that the NVC had resumed the processing of my case, a month before my PD got Current ( May and June 2008 ).
They've settle the Visa Fee Bill last end of April, and in the middle of May, I got documentarily qualified. To confirm this, last JUly 2008, I emailed NVC directly, and got a reply that my Case was already completed and had placed in the list of Documentarily qualified applicants awaiting for visa availability.
But I am not yet fully satisfied with this and had consulted Atty. Gotcher, He replied that granting same PD is not unusual regardless of the applicant's category, be it AOS or Consular Pocessing.
Another point of order. As anyone can read above, my lawyer had stated that If given the chance, I will be the first one to be handed over to the facility, not to US. They've placed so many nurses already in cali, floria, ny...What the lawyer meant was, I might be the first to be handed over to that health system, precisely because my PD is August 2005 while others in line with same petitioner as mine got a PD of 2006 and 2007.
Thanks for the informations given. I hope I made it clear. Godbless
The email Ive gotten from my lawyer was last APRIL. Its not an email which Iv'e gotten recently.
Ron Gotcher: "Once an I-140 is approved, the beneficiary gets to keep the priority date forever and use it for any future I-140 filed on his or her behalf. It doesn't matter if you are processing in the US or abroad. The rules are the same in this regard."
Topscot is not going to an area where it is the norm that many foreign nurses have gone to, and she has over 17 years of experience as well.
My comment was not pointed directly to her, but the fact that the facility must prove that they cannot get an American for the job now. Things have changed drastically here in the past few weeks, the DOW is down almost a thousand points just in the last two days, to a point not seen in almost five years. It is going to be very hard pressed for a facility in the larger areas and larger states to be able to prove that they cannot find an American to work. As mentioned here, nurses are taking on one to two extra jobs now to cover expenses. And if you notice, that when the Visa Bulletin came out in June, it stated that things were on hold until October, and they expected things to be back to where they were with the cut-off in June, but they are back to the beginning of 2005 now with this month.
What was even happening a month ago is most definitely not the case right now and it is expected to get much worse here for the months ahead.
There are always going to be different situations, but the majority of the foreign nurses here were petitioned by larger facilities in the major metropolitan areas and these are the very ones that are undergoing hiring freezes and lay-offs now. Most in particular and hard hit is CA where a large number have signed contracts for.
Even Florida has drastically changed their requirements for the foreign grad in the past couple of months if you have a look at their website. The US is in serious trouble right now.
It is worth stating that tthe last 3 times the world markets have crashed including black monday in the uk and after 9/11 in the US within 6-12 monthes the markets and economies reached record highs and many economists are predicting the same again so these hospitals that are laying off and freezing jobs will be by this time next year looking for nurses again.
Sorry, but even with the crash after 9/11; the market never dropped 1000 points in two days. We are at the lowest point in the past five years.
But the issue remains that if the time comes up for the visa, and the facility is unable to hire the nurse, actually everything gets cancelled out by the US government. They do not issue a wait and see, but move on to the next person in-line. This has happened in the past, and will continue to do so, but at a much higher level.
One less position for foreign nurses.
lost_stranger
79 Posts
this what i found on uscis web-site,
title 8 cfr 204.5(e) retention of section 203(b)(1) , (2) , or (3) priority date. -- a petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the act for which the alien may qualify. in the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the act, the alien shall be entitled to the earliest priority date. a petition revoked under sections 204(e) or 205 of the act will not confer a priority date, nor will any priority date be established as a result of a denied petition. a priority date is not transferable to another alien.
here's section 204(e):
(e) nothing in this section shall be construed to entitle an immigrant, in behalf of whom a petition under this section is approved, to be admitted the united states as an immigrant under subsection (a), (b), or © of section 203 or as an immediate relative under section 201(b) if upon his arrival at a port of entry in the united states he is found not to be entitled to such classification.
and here's section 205:
sec. 205. [8 u.s.c. 1155] the secretary of homeland security 1/ may, at any time, for what he deems to be good and sufficient cause, revoke the approval of any petition approved by him under section 204. such revocation shall be effective as of the date of approval of any such petition.
here there's nothing about aos or cp. from the above it seems that one can retain pd unless the earlier approved petition was revoked or was denied in the first place.