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.
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.
Sorry, but in order to start the process for immigration, it requires that the nurse pass either the CGFNS exam or the NCLEX-RN exam. You cannot get thru it without having one of the exams done.
And again, at least the CGFNS exam has to be written, or what is being done is considered fraud. The I-140 only approves the job, but the nurse needs proof of passing either the CGFNS exam or the NCLEX exam before they will be given a visa to come to the US. You are forgetting about the CGFNS exam, that is acceptable. The issue now about the ATT for the NCLEX at least is because of some very unscrupulous agenices that were not even submitting the nurse's documents for licensure application until they were in the US, and this way they could pay them $10 per hour for months and months.
Sorry, but I am 100% correct in what I have posted.
Although there is some validity to what suzzane mentioned about it not lasting for that long (for how long no one can tell really 1-3 months?). I don't believe that it will be consumed like what happened in H1B. We are talking about here of green card, the companies are smart enough not to petition their employees for green card because if they did that their employees now has no more excuse not to look for other lucrative jobs unlike if they are on h1b status they get to keep them;).
If you are a foreign grad nurse who completed their requirements, currently in the USA and has a sponsor go ahead dont let it deter you. You can file your I-140 and I-485 concurrently bypassing the labor cert and will receive your EAD (employment authorization document) first so you can start working already while waiting for the green card. You have a good chance of getting the EAD, but the green card now that is a different question.They have to process first those that have an earlier priority date before you.
although there is some validity to what suzzane mentioned about it not lasting for that long (for how long no one can tell really 1-3 months?). i don't believe that it will be consumed like what happened in h1b. we are talking about here of green card, the companies are smart enough not to petition their employees for green card because if they did that their employees now has no more excuse not to look for other lucrative jobs unlike if they are on h1b status they get to keep them;).
if you are a foreign grad nurse who completed their requirements, currently in the usa and has a sponsor go ahead dont let it deter you. you can file your i-140 and i-485 concurrently bypassing the labor cert and will receive your ead (employment authorization document) first so you can start working already while waiting for the green card. you have a good chance of getting the ead, but the green card now that is a different question.they have to process first those that have an earlier priority date before you.
keep your hopes up guys and god bless.
:balloons: as long as hope is free and legitimate, i'm keeping one for myself! :balloons:
Although there is some validity to what suzzane mentioned about it not lasting for that long (for how long no one can tell really 1-3 months?). I don't believe that it will be consumed like what happened in H1B. We are talking about here of green card, the companies are smart enough not to petition their employees for green card because if they did that their employees now has no more excuse not to look for other lucrative jobs unlike if they are on h1b status they get to keep them;).
If you are a foreign grad nurse who completed their requirements, currently in the USA and has a sponsor go ahead dont let it deter you. You can file your I-140 and I-485 concurrently bypassing the labor cert and will receive your EAD (employment authorization document) first so you can start working already while waiting for the green card. You have a good chance of getting the EAD, but the green card now that is a different question.They have to process first those that have an earlier priority date before you.
Keep your hopes up guys and god bless.
Sorry but you are incorrect on this. The documents still need to be submitted with the I-140, if not submitted with it, then the EAD will not be issued at all, and no work. It takes about a month to get the documents together, such as proof that the job was posted for a certain length of time, etc., and if a union hospital, then approval from the union. Things are not as quick as you think. And it has nothing to do with a Labor Certificate but the other things that are needed.
And sorry, but there are many companies alone just in Silicon Valley that have employees that were on the H1-B that have been petitioned for the green card. If an employee likes a job well enough they are going to stay, same thing with nursing. An employer wants you to stay.
Not sure how long that you have been in the US or even in the processing for the green card, but I will put up my experience against yours at anytime. Again, the issue is the filing of the I-140, there are specific requirements that need to be submitted as part of it.
Sure, there are many here that have attorneys that are on top of things and have everything ready to be submitted next week, and then there are those that have not even been in the US long enough to have the I-140 submitted for them to not have it automatically denied, and we have seen that happen. Those that have completed I-140s will have no problem getting things done, but those that have not started the process will have issues. And sorry, but no immigration attorney can get a file ready to be submitted in a day. Just not going to happen.
And there are already hundreds of thousands that are in the US that are under EB-3 and have been so for a few years and were just waiting for their PD date to be current. They are waiting like wolves to attack when the doors open on the 2nd of July to get their final documents in by their attorney.
And since this your first post here, have you actually gone thru the immigration process and have you been in the US for at least 90 days since you are from the Philippines? And where is your immigration attorney from that you are using? We have seen quite a few actually give wrong information and even have had nurses working illegally in the US. So please do not be so sure of yourself, if you have not gone thru the process and do not have the EAD already in hand.
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.
Hi Suzanne, our case was completed August 23 but unfortunately we were not included in the list for interview prior to retrogression. Now that PD will be current on July 2007, the NVC requested us to resubmit DS230 and Police clearances which immediately sent to my lawyer yesterday. If NVC receives these documents next week and will have to review and reprocess the case again, what are our chances of getting an interview before the next retrogression? We will be going thru consular processing not AOS. A friend's lawyer said this request of NVC is a delaying tactic because NVC wants to process those undergoing AOS first (instead of based on priority date). I hope this is not true, I hope they will process based on priority dates of those whose cases have been completed already prior to last year's retrogression.
Sorry but you are incorrect on this. The documents still need to be submitted with the I-140, if not submitted with it, then the EAD will not be issued at all, and no work. It takes about a month to get the documents together, such as proof that the job was posted for a certain length of time, etc., and if a union hospital, then approval from the union. Things are not as quick as you think. And it has nothing to do with a Labor Certificate but the other things that are needed.
And sorry, but there are many companies alone just in Silicon Valley that have employees that were on the H1-B that have been petitioned for the green card. If an employee likes a job well enough they are going to stay, same thing with nursing. An employer wants you to stay.
Not sure how long that you have been in the US or even in the processing for the green card, but I will put up my experience against yours at anytime. Again, the issue is the filing of the I-140, there are specific requirements that need to be submitted as part of it.
Sure, there are many here that have attorneys that are on top of things and have everything ready to be submitted next week, and then there are those that have not even been in the US long enough to have the I-140 submitted for them to not have it automatically denied, and we have seen that happen. Those that have completed I-140s will have no problem getting things done, but those that have not started the process will have issues. And sorry, but no immigration attorney can get a file ready to be submitted in a day. Just not going to happen.
And there are already hundreds of thousands that are in the US that are under EB-3 and have been so for a few years and were just waiting for their PD date to be current. They are waiting like wolves to attack when the doors open on the 2nd of July to get their final documents in by their attorney.
And since this your first post here, have you actually gone thru the immigration process and have you been in the US for at least 90 days since you are from the Philippines? And where is your immigration attorney from that you are using? We have seen quite a few actually give wrong information and even have had nurses working illegally in the US. So please do not be so sure of yourself, if you have not gone thru the process and do not have the EAD already in hand.
First and foremost I am not a nurse but in a different medical field.
Yes, you are correct that necessary required documents should be submitted with the I-140( I never said that it wasn't).
No you are mistaken that it is mandatory that you should have stayed 90 days in the US before filing it. I know someone who filed it and was approved in a month of staying in the US. Depends on the Hospital's track record of sponsoring immigrants and its connections with the lawyer.
Yes there are companies that petitioned their employees as immigrant How many? Nobody can tell for sure. Not even you. But I think this is a totally different scenario from the H1b that happened last April.
Bottomline is doing nothing/procrastinating and being negative on the situation will get you nowhere.
Nobody predicted that the visa bulletin will be advanced that fast. But it did.
What I'm saying is if you have a chance of filing it while the window period is still open then you won't loose anything. NOBODY knows when it will retrogress again this fiscal year. All these are HEARSAY
Yes its my first post here so what? Everyone is entitled to his own views and opinion that is why it is called a forum. I think all the members who read this site are intelligent enough to know what to believe is right or wrong.
And lastly, better review again what I have posted. I didn't mention anything about what you are implicating in your statement.
Sorry if I questioned your vast knowledge on the immigration law.
i was informed by my agency that my I140 petition was approved last april. basing from this, what is my chance of getting thru that small window that opens just every now and then for those who hope to get a visa and leave this year? what should i expect my agency would do next for me? does I140 comes before DS230?
suzanne4, RN
26,410 Posts
Sorry, but in order to start the process for immigration, it requires that the nurse pass either the CGFNS exam or the NCLEX-RN exam. You cannot get thru it without having one of the exams done.
And again, at least the CGFNS exam has to be written, or what is being done is considered fraud. The I-140 only approves the job, but the nurse needs proof of passing either the CGFNS exam or the NCLEX exam before they will be given a visa to come to the US. You are forgetting about the CGFNS exam, that is acceptable. The issue now about the ATT for the NCLEX at least is because of some very unscrupulous agenices that were not even submitting the nurse's documents for licensure application until they were in the US, and this way they could pay them $10 per hour for months and months.
Sorry, but I am 100% correct in what I have posted.