Hathaway

I hope AILA pushes through with lawsuits against DOS and USCIS. And wins. If for no other reason than DOS's gross irresponsibility with regards to releasing the July Visa bulletin. They have no new evidence to support revising their announcement aside from their own incompetence. July visa demand coming from the USCIS hasn't event started yet. That means all the info they needed to come up with that same bulletin has been the same information they had on their desks since mid-June. The reason why potential applicants to this whole expensive process consults the visa bulletin is that it is supposed to the the final word on visa availablity for the coming month. What DOS is doing is essentially like selling plane tickets and then cancelling the flight when people are at the gate. Even airlines are obligated to shoulder whatever consequences their actions may have caused. There was and is no reason why DOS's visa bulletin released during its time should be doubted with regards to its reliability or credibility. If one cannot trust the visa bulletin, then the whole visa allocation process in the US immigration system has shifted from a policy of fairness and transparency in process into one entirely undeserving of respect or understanding. And the disturbing thing is, DOS is doing this flagrantly without regard for fairness in its actions. Its like, "So? Sue us. If you win, good! Maybe the immigration judge will order us to somehow fix whatever consequences our bulletin may have caused..Then and only then will we even consider rethinking what we did. But, you HAVE to sue us first!"... Now, there is something seriously wrong with any govt agency that thinks in these terms. And this particular line of thinking is not entirely without precedent. There have been many instances in the past where USCIS has been sued and has subsequently lost when brought to court to defend how they apply US immigration law. AILA has already announced plans to file suit. If USCIS and DOS lose, they deserve it.

Yeah, ur lucky man. That and considering you've already passed the 10 business day posting requirement and 30 day waiting period after that before any I140 can be started..(the part required for Schedule A labor certification)?

i got this off murthy.com newsflash! dos expected to revise july visa bulletin[color=#808080]posted jun 29, 2007[color=#ffffff]©murthydotcom we have received news from the american immigration lawyers association (aila) that they have reliable information that the july visa bulletin will be revised on monday, july 2nd, or tuesday, july 3rd. this visa bulletin is expected to retrogress many of the categories that were announced as being "current" for july. it is expected that at least some of the categories will become completely "unavailable." the reason for this is that the uscis apparently engaged in extraordinary efforts to approve cases in june, once there was some forward movement of the visa . post edited to conform to us copyright law. you can go to the website listed above to see the full article that has been posted.

Hmmm.. At this point, it seems to me that the Dept of State and USCIS are risking mass action lawsuits.. there's an article released by AILA at Shusterman's website (AILA vs. USCIS) dealing with the last time the DOS and USCIS went outside of regulations by refusing the "Other Workers" category visa even if the visa bulletin pertaining to the applicable month was "current". If one reads the article, AILA has cited multiple regulations and laws clearly showing why DOS and USCIS applied the law erroneously in that situation. I think it is a violation of federal regulations to amend the revised visa bulletin DURING or AFTER the start of the applicable month. What I am sure of is that the visa bulletin released the preceding month is the reference point as to whether a visa is "Immediately available" so as to allow for I485 Processing. During that "Other workers" visa category runout situation, DOS simply did not allow USCIS to receive any more 485's, even if they were bound by law to keep the category current due to the already released bulletin. Previously, (and correctly) they should have received what was submitted in the said month, and applied retrogression in the next month. What happened was the announcement from DOS to USCIS came in the form of an "Internal Memo" that was not publicly released! The applicants only found out that CIS was not accepting anymore 485's because those were being sent back! There was no announcement! Now, DOS is trying to fix its mistake but its not doing enough to keep them away from immigration court, i think. The revised bulletin (if there is one) will be coming out after the applicable month has started. Hospitals have already laid out money to lawyers, there's posting, theres the medical exam, etc... It's like DOS is trying to take back what came out of its official mouth 2 weeks ago. Tough to do considering their announcement was the official guideline for when to start the legal process. Anyhow, at the very least, what DOS is allegedly about to do is a gross irresponsibility and an abuse in the exercise of prerogative. They cant even reason out that the visa numbers ran out because they're already talking about eating their own words even BEFORE they've started to accept new applications. The door isn't even open yet and they're talking "oh, the house is full."..if somebody miscalculated just how much they have in terms of pipeline cases, then they deserve to be sued.

Regarding that, this is the AILA announcement released today... Friday, June 29, 2007 July 2007 Visa Bulletin to be revised? Please be advised that AILA, the American Immigration Lawyers Association, has just released the following announcement. "We are hearing from multiple sources that, on Monday or Tuesday of next week, State Department plans to issue a revised Visa Bulletin for July 2007. This revised Bulletin would retrogress some or all of the employment-based categories, very likely to the point of unavailable. Reports from AILA members about unusual levels and types of activities by USCIS indicate a particular push to adjudicate employment-based adjustments currently in the pipeline so as to exhaust visa numbers for fiscal year 2007. This follows the actions of USCIS in June, when it began rejecting EB-3 "Other Worker" adjustment applications even though the Visa Bulletin showed an October 2001 cut-off date, on the basis that the "Other Worker" numbers for the year had been exhausted.” If this is accurate, Adjustment of Status cases (I-485 cases) filed in July will all be rejected and returned to us and no AOS (I-485 cases) could be filed in July. It would also effectively cancel all Immigrant Visa appointments at US Consulates. We will provide further updates as they become available.

Looks like things look dim for the CIR. This just happened today as of this post. http://www.nytimes.com/2007/06/07/washington/07cnd-immig.html?ref=us Reid's gonna try to do cloture again tonight. If the senate wont go for it again, he just might abandon CIR.

That's interesting K_cole. I just talked to the Nurse Recruiter at Swedish last week. Her initials were J.T. She said they never did that, they dont do that, and probably never will.

Thank you suzanne. Let me fix that.. Does anyone know any California or Washington state hospitals that routinely consider doing petitions for immigrant nurses? I know the visa legislation isn't in place yet (retrogression), but i'd like to have a working list of HR places that i'd like to start talking with.. Thanks in advance to all who reply.. Hathaway

Does anyone know any California or Washington state hospitals that routinely consider doing sponsorships for immigrant nurses? I know the legislation isn't in place yet, but i'd like to have a working list of HR places that i'd like to start talking with.. Thanks in advance to all who reply.. Hathaway

Suzanne, I couldn't find the announcement for its implementation on the uscis website. Can you post the link please? Last thing I found over there when i searched for "fee raises" was the proposal to raise announcement released last feb. And I thought this thing was still under congressional review. Dont they need congress's "go ahead" to implement the new fee schedule?

The issue is about comparability. I suggest you read CGFNS's statement regarding the circumstances surrounding that decision. True, a local license is not needed for the VSC.. But the existence of Phil. licensure here is not being viewed as a prerequisite for immigration purposes. However, if local licensure DOES exist, there is the necessary prerequisite that such license must be unencumbered. (Not revoked, suspended, etc...). This is in the interest of screening nurses who are "moving" their practice in order to get away from any encumbrances in their license. (A person who was never licensed has no license to encumber). Since comparability in the process of licensure in the US and the Phils cannot be established, it was therefore CG's decision to deny the VSC until the challenged part of the exam was replaced with something comparable to the US manner of obtaining the license.

It's interesting how my post becomes misconstrued to mean anything against the US immigration policy or US nurses in general. If you'd take the time to read that thing over...I said "these US nurses are right." I'd never been in doubt about whether US immigration policy was correct in handling immigration for nurses. And yes, if it was our backyard, we'd probably go about it in similar fashion following similar principles too. However, my point is, I feel sad for the Phil RNs. I know so many of them who've left for the US. And even more who want to. They say they're lucky they're already in the system and will eventually get there. These are the same people who, when they get there, feel indescribably hurt for having left behind everything they've known in life. Friends. Family. They go there because difficult economic conditions here force them to. And yes, maybe it's fortunate that their working there is mutually beneficial to the US and the immigrant nurse. But when was it ever absolutely acceptable to say, "Man, you're lucky, you got a job offer. Now you gotta leave everything behind and start your life over from scratch."? There is great benefit for these Phil RN's who have this opportunity, no doubt about that. However, the sacrifice may very well be just as great, only it is not measurable in terms of money. Timothy, you said just doesn't understand my perspective on this. Maybe it's because you havent had to think about giving up all you've known in your life. Pack your bags, go to someplace you've only seen on tv. Yeah, you can choose not to accept this "gift". But your family needs you to go, so you go. I hope by now you see why I'm sad at times. I have so many friends in the US, nurses. They all left their lives to help their families. And they talk to me when they miss home. Hathaway

Have a safe and enjoyable vacation suzanne... You deserve it.

Regarding post #31, we never mentioned a letter in the scenario Suzanne. And of course, were such a letter submitted to ICHP prior to licensure in the Phils, that would be pretty solid grounds for revocation based on fraud (if licensure in the Phils was eventually sought after the issuance of the VSC). However, my question is, what is your view regarding this case if Phil. licensure was never sought after passge of the NLE? Licensure never existed. There is no issue of comparability since there is no Phil. license to compare to. In your view, can fraud be proven beyond doubt if Phil. licensure is never pursued? (See, in this case, even with the existence of the aforementioned letter, the applicant would in fact be telling the truth.) :)

Whenever i read posts like these, especially those from RN's in the Phils, I can't help feeling a twinge of sadness. Sad because these US nurses are right. Phil. RN's have NO RIGHT to be indignant. NO RIGHT to expect anything except that which the US deems to be its "leftovers from the table". (Ever wonder why USCIS requires any US job offered to aliens to undergo a time period wherein it is offered first to US citizens? And only after this time period will they certify that there indeed exists a need for this particular position that NO AMERICAN (on not enough of them at least) IS WILLING TO TAKE ON? And these Phil RN's are even expected to regard these scraps as "gifts". Phil. RN's have NO RIGHT to have a say about immigration issues. Issues that will affect them squarely head-on for sure, but this in and of itself does not entitle one to have a say about what will be done with his own person in the US legal immigration system. (Ironic isnt it?) US interests must come first. And this system applies to all aliens regardless of who they are, lest Phil. RN's think they are being singled out. Like I said, I am saddened at how Phil. RN's are reduced to giving up so much of their rights, their dignity, their pride. It wasn't their fault that they lived in an economy wherein the practice of their profession would be insufficient for subsistence. But it isn't the US's fault either. I can't help feeling pity for the Phil. RN willing to leave friends, family, home and all he ever knew in his life, sacrificing so much just to try to carve a more decent way of life for his loved ones. And it stings whenever thinly veiled insinuations are made that these people go over to the US to "take something away" from the US. I am of the persuasion that majority have gone over and have become assets rather than liablities to the US economy. Hathaway