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.
Specializes in Medical and general practice now LTC.
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?
:welcome:
I think you have a slim chance, there are many infront of you. I140 then file goes to NVC once visa available visa fee bill and once paid they will request DS230. A lot depends on demand so unfortunately it is a case of wait and see what happens
Specializes in Medical and general practice now LTC.
This is exactly what is going to happen.
it would be nice to wave a wand but have to be realistic. Countries have to put a limit on visas otherwise demand could have a detrimental affect on countries and events. I think we as a human race tend to see only what we want to see and even then can be different from one person to another. We have to look at where we are on the ladder and decide realistically to whether we are just going to move up or reach the top and drop off.
How about the SSN? Is the EAD alone enough to start working?
Not at all, you still must have a SSN# and be in the US to apply for it. You cannot even start the process of applying for it until you have the EAD in hand, or a visa that will permit you to work.
And you must be in the US for a full 90 days before you could even have a petition submitted on your behalf. And about a five month wait before you could begin working, it is not an instant thing as the poster above would have you think. And seriously doubt that they have even gone thru the process, there has been a retrogression in effect since October 31 of last year, and no I-485 petitions have been accepted since then. And they are not aware of the other requirements that need to be submitted with the I-140 in the first place.
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.
If you submitted the DS-230, it automatically says that you are going thru the CP procedure. For the AOS, the only petition that is the same is the I-140, all other procedures are different.
The final decision will be up to the Immigration Service and the US Embassy as to who will get a visa from these. It is not a delay tactic, but remember that the DS-230 expires in July and stated that on the form that you submitted, and the police clearance also has a time that it is valid for.
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?
The I-140 is the first petition, and then a bill is sent once it is approved, that will need to be paid before they even send out the DS-230 and then that needs approval before you can be in line to wait for a visa.
This is the first time that anything has opened up since the retrogression started last October 31, and the feeling is that it has more to do with the fees going up significantly at the end of July over anything else. And the Schedule A is still not available, and most others that want a green card are under the same category at this time, the EB-3.
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.
Just a humble forumer.
Good day and God Bless.
RNs can only be petioned thru the green card, they do not even have the luxury, if you want to call it that, to be able to get the H1-B in the first place. And the H1-B is also what almost every IT person is under in the US, and they are under the EB-3 in most cases as well for petitioning.
The law actually states that you must be in the US for 60 days before submitting for the green card process via the AOS procedure. For those from the Philippines, the routine wait has been 90 days before the documents are even submitted so as to show that they did not come to the US for the sole purpose of staying. And this is what any attorney is doing. Or they stand getting denied and we have seen that over and over again.
For anyone to attempt to have a green card petition submitted after just a month, they stand a large chance of having it denied by US immigration, most attorneys will not even attempt it unless the person has significant work experience already in the field. Most coming from the Philippines have no experience in our field, or minimal experience.
You are free to make your statements, and I am free to make mine. The issue at hand is that it takes about a month to get the required documents that need to be submitted with the I-140, and that is where the problem lies, and not a thing to do with a Labor Certificate, but proof that a job was posted as well as union approval depending on the facility.
And it still is not different from what happened last April, actually very similar to it. The immigration attorneys that I am in contact with all have couriers in place to hand deliver petitions on the 2nd of July to immigration, and many more that they have are those that are already in the US under the H1-B visa.
Not sure how long that you have been in the US, or what field that you are in, but you are speaking of one person, and I have direct knowledge of many, many more than that.
And the retrogression for nurses is still not over, there is no Schedule A or anything similar for them available now.
Specializes in High Acuity Medicine; HR Administration.
First and foremost I am not a nurse but in a different medical field......
Hi respawn!
Hope you are okay. Just stay cool. Like what you said, everyone here (newbie or old timer) is entitled to his/her own opinion. It’s a forum alright. Just keep it tight and civil.
You were right in saying that this coming July (visa numbers becoming current) CAN BE a different scenario from what happened in H1B category last April. There is some credit to that even if you base your assumptions on NVC’s guidance itself which says, “All Employment Preference categories ……have been made Current for July…. in an effort to generate increased demand by USCIS for AOS cases, and to maximize number use.” It further states that retrogression may be expected by September. Remember, NVC’s guidance with regards to visa numbers tend to be conservative but also correct in terms of dates.
However, there is also some credit in what Ms. Suzanne posted above. We are truly seeing significant movements and preparations with regards to companies vying to “adjust” the status their current and qualified H1B workers and those hospitals who want to hire via i-140 plus AOS. We can expect them to use special couriers to even hand deliver the documents. But to predict that the “window” will open and close within a blink of an eye is a bit of a stretch; it is purely anecdotal but possible. However, there is a good chance that you will have at least one month to file whatever that you are filing for.
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.
Again, to keep it simple, cases are not adjudicated based on what you said. You can always refer to USCIS and State Department’s guidelines on how they decide on cases. Ms. Suzanne was right about the 60 day rule on AOS though we usually see lawyers logging their cases 90 days to increase the chance of approval. Nonetheless, please take note that this 30-day leeway is not unique to applicants coming off from the Philippines. We see it being done to other nationalities. Lastly, the 30-day add on is not a rule. It’s just “the practice”. We have seen cases being logged and filed routinely at 60 days and 60 days + X number of days. So your experience about that “someone” being filed after one month stay can be PLAUSIBLE. Just check your numbers coz that particular case may have been in fact filed at least after 60 days.
I've beeen wondering. Is there any chance that schedule A will be re-introduced this year? This really disturbing. It's hard to be in limbo as to when one would get his green card. It's scary to consider the possiblity of completing a contract and without a green card. Are we being taken advantage of?
Specializes in Medical and general practice now LTC.
I've beeen wondering. Is there any chance that schedule A will be re-introduced this year? This really disturbing. It's hard to be in limbo as to when one would get his green card. It's scary to consider the possiblity of completing a contract and without a green card. Are we being taken advantage of?
doubt schedule A will come back this year that is unless they decide what to do with nurses visas and whether to expediate them again.
Specializes in High Acuity Medicine; HR Administration.
No one can really predict what will happen with Schedule A, but you have reasons to keep your hopes up somehow. Nurse's plight may not be overtly discussed over the CIR din though they are sectors out there clearly working in your behalf. I tell you, nobody –including the hospitals- would want to see nurses coming here under a visa category other than the permanent residency. Come July 4, we may be able to see some outcome concerning the fate of CIR.
I'm a newbie, in this forum though a member for a while.
I have perhaps the silliest query you'll come across, or may be not considering how critical is to everyone to get expert advice now that this window of opportunity arose, so here it goes, Isn't a DS2001 form submitted at the same time than ds230?
Silverdragon102, BSN
1 Article; 39,477 Posts
:welcome:
I think you have a slim chance, there are many infront of you. I140 then file goes to NVC once visa available visa fee bill and once paid they will request DS230. A lot depends on demand so unfortunately it is a case of wait and see what happens