Retrogression Is Not Over

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I am sure that many of you do not want to hear this. But it is the actual truth. There still is no special schedule for nurses, and the Schedule A is not included in the Visa Bulletin.

That the dates are current for the month of July does not state that it is over. There is a huge number of applicants waiting for the green card, in addition to nurses, and they have been waiting as well. Remember that most that came to the US under the H1-B visa, are also included with the EB-3 caseload. And many of their attorneys are much faster at getting things done. Example: When the window opened for petitions to be submitted in April for the October 2007 H1-B visas, there were more than a 150,000 submitted in less than one day. And they were gone.

Not trying to burst any bubble, but trying to be honest on this. There are only so many visas available per year, never unlimited number. And this Bulletin does not go into effect until July 1, 2007. And those dates are only for that month and if you notice there is also mention that if the visas get used up that are there, then the dates will not remain in effect all month.

For those of you that got stopped in the processing just before your interview, this will be very beneficial for you. If your DS-230 has been approved and accepted, then this can be beneficial to you. For those that are just starting the process, remember you at the mercy of your agency and attorney and how fast that they will do things. We have seen multiple posts over the years of mistakes made with petitions that delayed things for quite a period of time. There is also a considerable raise in immigration fees going into affect at the end of July that will delay things for some people as the agencies are going to be holding back on paying of fees.

Those that have been paying their own way will find that they may get thru faster.

So please, do not make final plans to leave for the US until you actually have an interview date given to you. We saw what happened last fall to quite a few of you here.

Until there is another Schedule in place for nurses, the retrogression will not be over. Just an open window in the scheme of things, but definitely not over. Look at what happened even last month when the dates were moved up for the PD, you did not see a significant movement of anything. When money is needed to be paid by the agencies, everything drops to a crawl.

Thanks Suzanne. Will definitely get the details on this before I sign or do anything. Will inform you of the result and will name the agency if you think their is something fishy going around.

Specializes in paediatric.

Hi.

Mine case is said to be pending.The date of interview(July'06),i was asked to present an employment contract from my petitioner..The latter then got me do the NCLEX first before giving me the said contract.Luckily but not so...passed the NCLEX in October and got the said contract early November which was obviously 'already late' ....Have had my medical done as well...What would you suggest will I be expecting where my case stands?July '03's my priority date.

Thanks ever so much.

Specializes in Medical and general practice now LTC.

just wondering how your PD is 03 but you didn't pass NCLEX Oct 06 and contract Nov 06? I140 is employment based so I140 wouldn't have been processed until your employer filed once you signed the contract. How did you manage to get an interview? Sorry for the questions but a little bit confused on how you managed it unless you passed CGFNS exam but even then you needed an employer to get I140

Hi.

Mine case is said to be pending.The date of interview(July'06),i was asked to present an employment contract from my petitioner..The latter then got me do the NCLEX first before giving me the said contract.Luckily but not so...passed the NCLEX in October and got the said contract early November which was obviously 'already late' ....Have had my medical done as well...What would you suggest will I be expecting where my case stands?July '03's my priority date.

Thanks ever so much.

Did you actually pass the CGFNS exam? If not, then not sure how you have a PD date from 2003. You are required to have passed either the CGFNS exam or the NCLEX-RN before the I-140 can even be submitted.

Something else is not adding up....why in the world was your PD date 2003? Means that something was not followed up on from back then, or you would have been in the US a few years ago. I go by when the file is actually completed, not just the PD date.

Just to clear up a few more misconceptions that are floating around here and on other forums:

If you have not had the I-140 petition started and already completed and are in the US expecting to go thru AOS, it is not going to work for you. There is only going to be a small window open for you to get the I-485 sumbitted, and that cannot be done if the I-140 is not ready. That usually takes about a month to get done.

Premium Processing of the $1000 for the I-140 will not get things done quicker for you. It only gets the I-140 done, but not anything else and that is what can hold you up significantly. I would not recommend to anyone to do this, especially since nurses are not under the Schedule A but are included with all under the EB-3 category.

If someone does not already have a completed file done before the retrogression hit last October, and are just waiting for an interview; do not expect to get an interview now. If you only have approval of the I-140, you are not going to get an interview now. If you just submitted the DS-230, you are not going to get an interview. If you do not already have apprval of the DS-230, you are not going to get an interview.

This is just how things are. The retrogression is not over. And those of you that have not submitted the I-140 as of yet, are not under the retrogression in the first place, as those petitions are always accepted.

Specializes in paediatric.

Hi,

The embassy have actually asked me to present an updated contract.Sorry,It wasnt quite clear...I had my visa screen already,just so when my employer had me do the NCLEX in exchange to an updated contract...I passed the NCLEX in October by the way,thanks God...

just wondering how your PD is 03 but you didn't pass NCLEX Oct 06 and contract Nov 06? I140 is employment based so I140 wouldn't have been processed until your employer filed once you signed the contract. How did you manage to get an interview? Sorry for the questions but a little bit confused on how you managed it unless you passed CGFNS exam but even then you needed an employer to get I140

Specializes in paediatric.

Thanks for the reply..

Had my 1140 approved in 2003,yes I did have my visa screen alright.

Just when the embassy asked me for an updated employment contract during the interview,my petitioner got me do the NCLEX first before they'd give me what was requested of them...I admit,had the big share of fault because Ive always refused to sit for the said test....although I was very aware that my employer wanted me to have the test done before getting to the US of A....and by the way,have never been to the US nor did I try to apply for any other visa category....

Did you actually pass the CGFNS exam? If not, then not sure how you have a PD date from 2003. You are required to have passed either the CGFNS exam or the NCLEX-
RN
before the I-140 can even be submitted.

Something else is not adding up....why in the world was your PD date 2003? Means that something was not followed up on from back then, or you would have been in the US a few years ago. I go by when the file is actually completed, not just the PD date.

Thanks for the reply..

Had my 1140 approved in 2003,yes I did have my visa screen alright.

Just when the embassy asked me for an updated employment contract during the interview,my petitioner got me do the NCLEX first before they'd give me what was requested of them...I admit,had the big share of fault because Ive always refused to sit for the said test....although I was very aware that my employer wanted me to have the test done before getting to the US of A....and by the way,have never been to the US nor did I try to apply for any other visa category....

Then you have answered our question. If you had a VSC, then you took and passed the CGFNS exam, but you never mentioned anything about that. Impossible to get a VSC if you did not take the NCLEX exam, only choice would be the CGFNS exam, but you never made mention of it.

But still why was your PD date from 2003, and you are still overseas. There is much more to this story, either your employer did not do things in a timely manner, or you were working someplace else for a few years. Four years and still waiting? No reason for it unless there was something else going on, makes no sense at all.

Did you actually pass the CGFNS exam? If not, then not sure how you have a PD date from 2003. You are required to have passed either the CGFNS exam or the NCLEX-RN before the I-140 can even be submitted.

Something else is not adding up....why in the world was your PD date 2003? Means that something was not followed up on from back then, or you would have been in the US a few years ago. I go by when the file is actually completed, not just the PD date.

no, you don't need to pass any exam before you can file your I-140. Our I-140 was filed without any exams taken, we just took it after. Infact, many nurses from other agencies just take the NCLEX when they arrive in the US, provided that they show the consulate a copy of their ATT before thay leave.

Hi guys, do I need to submit both the NBI clearance and police certificate? Somebody told me that I only need to pass the NBI clearance if im not working in another country, but somebody also told me that police certificate is needed if you stay more than six months in a city. I have live three cities in my life here in the Philippines and it was stated in my DS230 form. But I have not worked in another country. Help me guys, do I need to submit both or NBI clearance only?

no, you don't need to pass any exam before you can file your I-140. Our I-140 was filed without any exams taken, we just took it after. Infact, many nurses from other agencies just take the NCLEX when they arrive in the US, provided that they show the consulate a copy of their ATT before thay leave.

The I-140 cannot be filed for a nurse w/o proof of passing either the CGFNS exam (CGFNS Certification) or the NCLEX-RN exam.

It is the basic requirement that is needed from the nurse.

Many agencies tries to make the nurses believe that something has been filed on their behalf all the time and most often than not the I-140 was only submitted once the nurse was able to furnish the proof of passing the NCLEX-RN or the CGFNS Exam. This also explains why some cases seems to be longer than some. The fact is, the I-140 can only be filed when the nurse passed either of the exams.

Please see past allnurses.com thread about this topic: https://allnurses.com/forums/f235/ins-requirements-schedule-rns-pls-read-152455.html

USCIS even came up w/ a public release last year saying so, so that the public are aware that nothing can be done w/o either of the exams. The link to the USCIS press release from the thread above may not be working anymore since it was a year old already and it has already done it's job since it is common knowledge already that a nurse need to submit proof of passing the CGFNS exam or NCLEX-RN exam for the I-140 to be processed.

The Americans suffer more with retrogression.Dont you think?

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