machu_pichuRN

unfortunately, 245i is not anymore in effect; it was only good until april, 2001. there is another us immigration regulation that might benefit "kjaonline", if these two conditions exist: (1) there is no retrogression (i.e. visas for eb3 is current or schedule a for nurses/pts is put in place); and (2) the intended beneficiary did not overstay for more than 180 days (6 mons) in the u.s. for one to be eligible for this immigration benefit, the two conditions must exist, otherwise the opportunity is lost.

To: Velv I like your (smart) question. Just PM me. Please include what's your current status in the U.S. and your email address so I could attach the US immig ref/document r/t my case. But I must tell you, my case is only in effect if visas are currently available and the petitionee did not violate any U.S. immigration law. If you are still on OPT or on F1 non-immig status, my case might be useful to you-if and only if, within 6 months (180 days) after expiration of your 60-day grace period, EB (1-3) visas become current then, or there will be a separate visa category (like Sched A) that will benefit foreign-born nurses. Machu_pichu

Hi, If you'll be able to submit the requested docs within the time frame, you will be all set and your pending I-485 will just remain in the backlog until visas open up again. Otherwise, you will receive a notice of "intent to deny" from USCIS and this notice is already a prelude for denial (this is according to my lawyer). Hope this helps.

Hi dcwalk01: Can't blame you of the "fear of the unknown", and I sincerely symphatize your predicament. Whoever you are (doesn't matter anyway), I'll include you in my prayers. Nice meeting you through this forum. machu_pichu

Quote from dcwalk01: “Hi , I saw your comments and just cant understand whats happening with my application. My situation is very similar to yours.I was an F1 student,have never been out of status. My I-140,I-485,I-765 and AP documents were all filed on June 13, 06. My reciepts were dated June 16,06. Had my biometrics on June 28,06. Got approval for I-140 on July 5,06. AP approved on July 15,06 EAD recieved on July 21,06 To date all I'm seeing on my case is that I will be advised as soon as a decision is made. Does this mean that retrogression has affected my case.Is it lost in the backlog? As far as i know they have all the documentation needed.” Quote from suzanne4: “They are reviewing something in your file..............could be something else was needed, have you spoken to your attorney that handled your petition yet? I would suggest that before anything else. And find out what they know and perhaps did not inform you of.” machu_pichu’s reply: Hi dcwalk01, Suzanne4 is correct. You must contact your atty. who handled your case. There might be an RFE (request for evidence) or whatsoever. If there’s none at all, then I think you are all set and you have just to wait until your I-485 is finally adjudicated. If my case was adjudicated earlier than yours, please understand that the timing will not necessarily be the same for your case as every examiner at USCIS works on a different timeline. My petition was filed with NSC but was adjudicated by TSC. Which service center is working on your case? Take note that as of Oct 30/06, USCIS services centers were processing cases with receipt notice date as follows: I-485 NSC Mar 17/06 I-485 TSC May 2/06 I-485 VSC Aug 08/2005 I-485 CSC May 02/06 If my receipt notice date was Sep 5/06, and USCIS website indicates that TSC is still processing cases with notice receipt date of May 2/06 – then I really don’t know how the system works (e.g., one of my batchmates has already hers; the other two have everything approved except the GC; note: we have the same hospital employer, the same law firm; the same date of launching application). However, if your service center is already processing cases after “June 16, 2006” notice receipt date, then I should start to worry (and I should contact again my atty). Meanwhile…enjoy the benefits of your EAD and AP. If your EAD is expiring and you don’t have your GC yet, just apply for an EAD extension (that’s the regulation when you have a pending I-485). BTW, you were not affected with the retrogression - in fact, you were too early for the cut-off date. machu_pichu

To: Suzanne4, Thank you for your insights. I really learned a lot through this forum. To: Sweet Nurse, you are welcome. Again, good luck and reach your American Dream, soon. From: machu_pichu

to sweet nurse; hi suzanne4! quote: “i wonder why u got ur gc early. im so envy..hahaha..hahaha” – please don’t be envious; mine is an apple while yours is a sweet orange. “how long have u been there in us and what state? are u a tourist before”. been here since 1999, in the great state of ct. never been a tourist in the u.s. (outside u.s. – yes, absolutely!). i came to the u.s. as a grad student (f1) in one of the ivy leagues, then worked for a while with my alma mater (h1b), then shifted back to f1 as a nursing student. so actually, the gc process that i have undergone was much longer than yours – imagine, since 1999 until only recently (ha!ha!). “dont want my papers be transferred in eb3 category which currently processing with priority date of july 2002”. as far as i know (and suzanne4 mentioned this in her previous post somewhere), employment-based petition for nurses is only under eb3 category (unless you qualify either in eb1 or eb2 or h1b – i’m just assuming based on the evidence you presented in this forum). however, if you are schedule a (which you are!...and ”sweet” at that), labor certification is not anymore required, otherwise the application process and/or the agony of waiting will be prolonged. and as of nov/06 visa bulletin, eb3-schedule a priority date retrogressed to 01oct05. you will be automatically categorized as “plain” eb3 (priority date 01jul02-this sucks!) only if schedule a designation will be phased out, which i tend to believe will not happen for the next 10 years. recently, there seems to be a lot of interest among the locals here in joining a nursing program, unfortunately, slots are limited due to the lack of faculty. it’s tough to get a faculty position in us universities and colleges. the minimum requirement is a masters (in nursing!) in community colleges while phd in universities. as far as i know – here in ct, the state bon will not even allow you to supervise clinicals if you don’t have an msn. and in clinicals, the faculty to nurse student ratio is strictly and highly regulated; normally 1:6; at most 1:8. but the irony is that, a 10 year veteran staff nurse (with certification credentials) in acute care-hospital setting (and especially those travel nurses) has a take home pay much higher than a nursing faculty in colleges. so---- don’t worry about retrogression – it will end soon. the situation is really stressful (personally, with my own experience here) working on the floor with limited nurses. “all i need to do now is to study and focus for my nclex. my exam is near will take this january 3 in hk”. exactly! be smart, don't agonize. i supposed you are a cg passer, since you have a pending eb3 petition. well according to cg, 95% of those who passed the cg passed the nclex. but it really depends on how you prepare for the exam; if you know your stuff – i don’t think it’s a problem. here’s a website http://online.medspub.com/meds/index.aspx in case you need some more nclex review materials. this is an online review (though a bit expensive but worthy). this was the review that was forced upon us by my alma mater in nursing (the college automatically charged this to my tuition) just to make sure that we will do our own follow-up review. i only did my review with this online material + a nursing & allied health encyclopedia for a month; i practiced 100qs/day (no more time to read textbooks or other review materials – i was in a hurry so i could beat the retrogression cut-off date). nclex will test you how safe a nurse you are. that's the only thing i can tell you about nclex - it's against the law to share more than the above info in whatever means. finally, good luck with your nclex in hk; enjoy shopping afterwards! don’t hesitate to pm me if you need more info/clarification – i’ll try to reply based on what i know and on what i had undergone. but suzanne4 is the best resource; she gives you info - bulls eye! machu_pichu.

quote from sweet nurse: “hello machu_pichu..when did u have ur green card? i read on one of the law firms in the internet that says maybe during sometime of january 2007 they predicted that retrogression will be lifted in that month”. hi sweet nurse: yes, finally, i already have my gc!. you might wonder, “why the hell i already have my gc when i only launched my application last sep/2006?” actually, we have a different case and situation, so it’s illogical to compare your case from my case. but here’s a glimpse of my case (physically present in the u.s., with no us immigration laws violated; u.s. rn): sep 4/06: submitted concurrently i-140 (employer’s immigrant petition for alien worker), i-485 (application to register permanent residence or to adjust status- this is the gc); i-765 (employment authorization permit). sep 18/06: notices of receipt received indicating that each application was received on sep 5/06. for i-485 notice, an alien# was also assigned. sep 23/06: biometrics/fingerprinting appointment (required for i-485). sep 26/06: i-765 approved (so was able to start work while gc applcn still pending) oct 18/06: i-485 approved; oct 30/06: gc received from mail. (note: i did not bother to check what happened to i-140- it’s the hospital’s concern, anyway...but i assumed i-140 was approved earlier than my gc). about your case, i really don’t have any idea re: packet 1,2,3,4, etc., but i have an idea about the petition process when the beneficiary is not physically present in the u.s. but let me first ask you: what do you mean by priority date : july 06, 2006? is that the date when the i-140 was received by uscis (which one – in nebraska, texas, etc)?. as of oct 30, for nebraska/texas service centers, they are processing i-140 petition with receipt notice date of may 02/06; at vermont sc – it’s april 02/06. so, with your case, there will be no visa interview until the i-140 has been approved. unfortunately, by the time your employer’s petition (i-140) is approved, your situation is actually passed oct 31/06 – the cut off date for the availability of “current” visas for schedule a workers. but don’t be worried and anxious about it. i tell you, everything will get back to normal (eventually, soon….but not very soon). the shortage of schedule a workers in the u.s. is very real! although the american nurses association is criticizing the importation of foreign born nurses because it does not really answer to the shortage crises in the long term, however, according to hospitals and health care facilities in the u.s., it is the best organizational strategy in the short term to avoid closing shops. and as what suzanne4 pointed out, don’t be in a rush to get here because overall, the process is not a cakewalk. so just relax coz you’re almost here, you’re still young, and you described yourself as “sweet.” by the way, the proposed immigration reform bill is still pending (since may/2006); still needs to be deliberated by the new us legislature- so expect more debates on this issue (check usics website for future update on this bill; also, i recommend http://www.murthy.com/updates.html.). good luck to all of you! see you soon. machu pichu p.s. i have no connections with http://www.murthy.com/updates.html; i only find the website useful. i'm a u.s. educated rn and i joined this forum because i sympathize the dilemma encountered by rns in rp.

quote from sweet nurse: "thanks a lot miss suzanne4 for the information..we hope and pray that retrogression will end as soon as possible.." hi to everyone! i'm originally from rp but obtained my nursing degree (as a second courser) in the us. to sweet_nurse: also, i underwent the tedious process of getting a gc to be able to work as an rn here in the u.s., although, the process that i have had experienced (note: i was already in the u.s. when i applied for my gc) must be less complicated than (if) when i obtained my degree in rp. i also was lucky since i was able to beat the visa cut-off date for schedule a workers (nurses + pts). unfortunatley, effective nov 1/06, visa slots for schedule a workers retrogressed to oct 1/05. retrogression may or may not end soon, but don't lose hope. hospitals/health facilities here in the us are desperately in need of nurses, and the us congress will surely not overlook this shortage of workers in their next deliberation of the immigration bill, otherwise, health facilities will close shop. probably, because of the retrogression, it may take for a year before you will get your interview schedule, but who knows, by early next year, the visa for schedule a will be current again and you will just be surprised that you have already your interview schedule earlier than expected. meanwhile, be patient and just hang on - you are almost there. good luck. by the way, kudos to super moderator miss suzanne4 - your thoughts in this forum are very valuable and you speak with sense. i'm sure many of those in rp who are planning or are in the process of geting an rn job in the us will find your advice and insights in this forum helpful.