more about retrogression

jonRNMD · May 28, 2007

dear suzanne
bless you, dont you get a little fed up of repeating yourself so much, it must drive you nuts
:)

hopefully she doesn't get fed up....we all need her help whether we are still in nursing school, just graduated from nursing school, passed the foreign licensure exam, passed the nclex, applying for visa screen and so forth....she is a great help for foreign nurses who are trying to get to the US :balloons:

thanks Suzanne!

Silverdragon102, BSN · May 28, 2007

hopefully she doesn't get fed up....we all need her help whether we are still in nursing school, just graduated from nursing school, passed the foreign licensure exam, passed the nclex, applying for visa screen and so forth....she is a great help for foreign nurses who are trying to get to the US :balloons:
thanks Suzanne!

I don't think she will give up offering advice but if people try searching for the answer first it does help as many times the same questions are getting asked and some even admitting they can't be bothered to search :uhoh3:

english_nurse · May 28, 2007

:yeahthat:

FutureUSRN · May 28, 2007

The majority of nurses do not get petitioned until they actually pass the NCLEX-RN exam, as employers want to see that passed. You are only seeing nursing homes and some agencies petition with just the CGFNS exam. And when the nurse interviews, you can tell from speaking with them what their English skills are like before even starting the process for them.

What you're saying now is the current practice but not two or three years ago, when a CGFNS exam was the only requirement used by most agencies and/or hospitals. And because of the problems they encountered, they changed their requirements to make sure that they got the right skills this time around.

There are still nursing home agencies right now recruiting nurses who passed CGFNS. These agencies do not care if you could pass NCLEX or not because they really wanted the nurse for the nursing homes. This is the classic case of what happened in New York where the foreign nurses weren't given an RN job eventhough they already got licences after passing NCLEX.

Regarding wasted visa numbers, I would guess that could number up to a thousand, not 90,000 ofcourse, due to nurses not passing English exams. And the rest would be due to faulty petitions that hadn't any good support and eventually failed in the process.

I hope that an amendment be passed so that the INS (BSCIS) could re-use these wasted visas on the following year.

sabadao22 · May 30, 2007

helo everyone im one of those who are in hung bec. of the retro. Just want to ask what will happen if CIR will be approved? What will happen for those I-140 that is already been approved? do we have to repeat the processing?

lawrence01 · May 30, 2007

helo everyone im one of those who are in hung bec. of the retro. Just want to ask what will happen if CIR will be approved? What will happen for those I-140 that is already been approved? do we have to repeat the processing?

No, you do not have to repeat anything. If you have an approved or even just a pending case your case is grand fathered w/ the old immigration system and you follow the old one. If ever there will be a new immigration system via the CIR then that is for only for the new applicants.

The old immigration system will in fact stay for quite some time until every case filed using that system has been dealt with while new applicants will be undergoing the new system (if the CIR is approved).

So, do not worry about your case.

mpoova · May 30, 2007

No, you do not have to repeat anything. If you have an approved or even just a pending case your case is grand fathered w/ the old immigration system and you follow the old one. If ever there will be a new immigration system via the CIR then that is for only for the new applicants.
The old immigration system will in fact stay for quite some time until every case filed using that system has been dealt with while new applicants will be undergoing the new system (if the CIR is approved).
So, do not worry about your case.

Hai Lawrence, if the CIR is ever approved with the current available sec. 502, just make a simple guess of two applicants from India. One in the merit based system and the other in old EB system whose papers are at NVC or final consul stage.

A new applicant in merit based system, can get following points out of 100 (From the available text of new CIR sec. 502)

speciality occupation- 20 pnts

employer job offer - 6 pnts

workers age- 25-39 - 3 pnts

education- bachelors degree- 16 pnts

english socre 60-74- 10 ptns

Total. - 55 ponits

And 55 points are considered to be threshold, and normally the new merit based applicant PD beocmes current and has the chance of a visa.

Now consider the applicant who has the same merit as per above but already approved I-140 in EB system whose papers are at at NVC, PKT 3 or waiting for interview at consul. While EB3 india is retrogressed upto 2003, the applicant in the old EB has to wait for years in the old system so that her PD becomes current and for a visa.

Then how does it gets grand fathered?

I know it is a speculation at this stage, then just like to know your views on this, pls!

joeturtle · May 30, 2007

Good for those who have started with the I-140. In my case, I have completed my requirements (NCLEX-RN, VSC) only recently and have not signed a contract with anyone yet. The prospective employer told me that they wouldn't start with the immigration process until a new law is passed. Would there be any significant difference if they filed the I-140 now considering that there are no visas available? Aside from being given a slot in the visa queue that is. I mean there are agencies that tell you they will file the I-140 immediately, but I don't quite trust them. So far I like my prospective employer because they're honest with me even if I don't have a contract with them.

lawrence01 · May 30, 2007

Hai Lawrence, if the CIR is ever approved with the current available sec. 502, just make a simple guess of two applicants from India. One in the merit based system and the other in old EB system whose papers are at NVC or final consul stage.
A new applicant in merit based system, can get following points out of 100 (From the available text of new CIR sec. 502)
speciality occupation- 20 pnts
employer job offer - 6 pnts
workers age- 25-39 - 3 pnts
education- bachelors degree- 16 pnts
english socre 60-74- 10 ptns
Total. - 55 ponits
And 55 points are considered to be threshold, and normally the new merit based applicant PD beocmes current and has the chance of a visa.
Now consider the applicant who has the same merit as per above but already approved I-140 in EB system whose papers are at at NVC, PKT 3 or waiting for interview at consul. While EB3 india is retrogressed upto 2003, the applicant in the old EB has to wait for years in the old system so that her PD becomes current and for a visa.
Then how does it gets grand fathered?
I know it is a speculation at this stage, then just like to know your views on this, pls!

This is a very good question but I think they will not let this happen for fairness. If there will be a category that becomes 'current' via CIR then they can always lump back the RNs and the PTs to that category. They easily placed the former Schedule A's to general EB3 when the 50,000 visas were exhausted so they can easily lump RNs and PTs back to a new category that would be current. Of course, this is just my personal speculation as well. There are many ways to skin a cat but whatever they twould think of doing, applicants w/ earlier Priority Dates will always be handled first, so long as they belong to the same category.

These are one of the things we should be reading about when the final draft of the Bill gets approved and even an approved Bill will not be perfect.

rhp123 · May 30, 2007

I think that is the point. US needs skilled worker and immigrants, however, there are too many people want to come to US and try to stay. US cannot take all these people, that's why there is retrogression. If US let 10% of Chinese population or 50% philp population or 30% of East European population immigrate here, US will not be US today. The system will break down.

For example, each year the number of the foreign students coming to US are increasing. Now the job market for foreign students are so bad. Even if they can find a job that is willing to sponsor H1, they have to do lottery since the applications is twice as much as H1 quota.

Sorry, but there is never going to be room in the US for all that wish to immigrate here. Just is not going to happen. And guess that you are not aware of the $5000 fine that needs to be paid for that visa, and that the person will need to leave the US for the processing. The ones that overstayed their visas are being picked up by immigration on a daily basis and are being deported. And they will continue to be. And for those that came over here when the retrogression had already started and are working illegally here, they are being deported as well. And sorry, I am 100% behind this. Patients lives are on the line with this.

4floridabound · May 31, 2007

The proposed Merit Based system is not really a problem for nurses.The current immigration requirements have all those in order for a nurse to qualify.

The sad thing is that ALL(including NURSES) who are currently waiting in line for a visa will be overtaken by new applicants on the MB system.This is due to the small number of visas per year(90,000) that will be allocated for "grandfathered" cases as compared to 147,000+ visas that will be allocated for the ones that will apply under the MB system.It is an abomination for someone who just applied and getting a visa ahead of someone who has been waiting for 2 to 5 years and much worse if both are equally qualified professionally.

mukshe · May 31, 2007

could some 1 tell me how to post a new thread . i want some info on the medcentral college of nursing in mansfield ohio

thanks