RETROGRESSION for this year?

Ethan_mike · Jun 2, 2006

Here's the deal. Up until middle of last year, the state dept was issuing E-3 visas to nurses...visas you had to wait about 5 years to get. In order to provide a "band aid" solution to the nursing shortage, the state dept. released 50,000 "unused" visas from other visa categories and issued them under the label "for Schedule A nurses". That made visa waiting times CURRENT from the previous 5 year backlog. As of march 2006, the agency reports approx 20,000 of those visas left. They are projecting that if they continue issuing them at the same rate, these will run out by the 1st quarter of fiscal year 2007. That corresponds to OCT-Dec 2006. By then, if US Congress does not enact new law allocating new visa numbers to nurses on a yearly basis, it's back to the old E-3 numbers and the 5 year wait. June 2006 update by the USCIS shows theyre processing applications filed last Jul 2001 for E3 visas. That's a five-year wait for those interested.

narsbing · Jun 28, 2006

Life is a journey.

Our greatest happiness in life does not depend on the condition of life in which chance has placed us, but is always the result of good conscience, good health, occupation, and freedom in all just pursuits.

esterp · Jun 28, 2006

Hi Hiren!

I am sorry for not answering your post regarding this so-called "retrogression" considering that I have a little problem of my internet connection right after I transferred to a new location. Actually,I hav decided to dispose all my 10 units of computers so that all the proceeds will be used in preparation for my consular interview which I really don"t know yet as of the moment. Regarding this retrogression. I hate to discuss this matter since we might be affected on this despite our papers is now at the NVC.As of this writing, I don't have any fresh news regarding this subject however, what is important is to monitor from time to time right in this forum. I believe that this will be become a top news if ever this retrogression issue is already in our doorstep. a Bye! bye!

Daning · Jun 28, 2006

^ i honestly think petitions already with NVC are safe with the pending retrogression. The "counter" ticks at USCIS and they will stop approving petitions once this counter reads 50,000.

Hathaway · Jun 28, 2006

No amount of discussion will change anything about the impending retrogression...its just like what pinoy RN posted earlier in this thread...retrogression or no retrogression, we go about the process as properly and efficiently as we can. What will be, will be, and that is beyond our hands...

Pray...and worry only about the things you can change. It's futile and foolish to worry about those you cannot.

PS. Recent activity by US Senators and Congressmen reflect typical politician pre-midterm election grandstanding and hullaballoo. It would be too much of a speculation to even take any of their pronouncements regarding immigration as written in stone. (Maybe that's just me talking, but personally, i'm kind of prejudiced with politicians). I'd expect more circus stunts in the immigration news until November. After that, i'd be a tad surprised if they didnt abandon the whole issue.

suzanne4, RN · Jul 24, 2006

^ i honestly think petitions already with NVC are safe with the pending retrogression. The "counter" ticks at USCIS and they will stop approving petitions once this counter reads 50,000.

Until an actual visa number is issued, you are under what ever happens.

Approving a petition for the I-140, and getting a visa number are completely two different things. Not all that get approved, even go on to complete the process.

So in fact, and as per what happened with the last retrogression last year, until you have that number assigned, you get put on hold, it goes by the actual number of visas granted, not the petitions approved.

suzanne4, RN · Jul 25, 2006

friend,
thank you for the reply...
luckily, since i was having some apprehensions about the
retrogression looming in slowly, i got to file a couple of h1b petitions
to back up my us employment prospects.
and thoose back up blocks are gonna be the steps i would be probably
using to walk in to my job overseas.
us govt should enhance some more non immigrant visas for nurses
asap to avoid nurses scarcity in the helathcare market.
h1c woldnt be sufficient to hold the negetive pressure building up in
the nurses job market.
hiren

the h1 series is not available for registered nurses, only the green card. and multiple filing of a petition is grounds for getting them all denied. you never, ever want to do that.

lavalin · Jul 25, 2006

As I've said in the International forum, dont worry, calm down and just proceed with processing your papers. Let us all hope and pray they manage to come up with new solution.

[banana]WE WANT BUSH[/banana]

Immigration Reform Bill to be Discussed in Congressional Committee

Bush calls for congressional effort and compromise on immigration legislation.

President Bush said the U.S. Congress is moving forward on immigration reform legislation, with the House of Representatives and the U.S. Senate having passed different versions of the legislation that now must be negotiated in a conference committee.......

[mouse]Think Progress![/mouse]

* * * * * * * * * * * * * * * * * * * * * * * * *

12 July 2006

U.S. Commerce Secretary Urges Senate To Reform Immigration

In his July 12 testimony before the U.S. Senate's Judiciary Committee, Gutierrez argued that the United States must establish a new immigration policy that can accommodate the realities of the 21st century. "I believe immigration is the domestic social issue of our time -- and a key to our future economic health," he told lawmakers. The president's proposal, he said, is a carefully considered approach that aims to enhance border security and, at the same time, to ensure an adequate work force for U.S. businesses.

[banana]Just Wait[/banana]

lavalin · Jul 27, 2006

suzanne,
i disagree with you tatally
ina never prevents filing "n' number of immigrant or non immigrant
petitions.
filing a petition of any sort is not assurence of a legal status in the us
so a candidate is entitled with the right to file "n" number of petitions , (without one file damging the other which is pending
for adjuducation.) on his/her behalf
please refer to ina (immigration and naturalisation act latest version)

are you saying you can file for more than one petition? what do you mean? like placement agency (company a) - sponsored you for h1b for nurse and hospital (company b) - sponsored you for green card (i-140).

i cant found anything on ina that will support your claim on this matter.

:coollook: :confused:

suzanne4, RN · Jul 30, 2006

suzanne,
i disagree with you tatally
ina never prevents filing "n' number of immigrant or non immigrant
petitions.
filing a petition of any sort is not assurence of a legal status in the us
so a candidate is entitled with the right to file "n" number of petitions , (without one file damging the other which is pending
for adjuducation.) on his/her behalf
please refer to ina (immigration and naturalisation act latest version)

be my guest as to what you want to do. it is written in black and white that you can only have one petition in progress at a time, also check with any immigration attorney here in the us. it is considered double dipping and is grounds for having all petitions cancelled and i have seen it done.

i know the documents from uscis backwards and forwards. you are free to do as you want, but it is in violation of us immigration law.

the same way that it is in violation of the us immigration to come to the us on a tourist visa to look for a job, and stay. that does not mean that it is not done, but it is still agianst the law. if you get caught, you lose.

the same way that if an extension to a tourist visa is filed, then the nurse cannot have a petition filed on their behalf, even if they get a job offer, until immigraiton has made a decision on the extension, again, because you cannot have two pending. and the chances of getting the extension are almist zero, almsot making it certain that the nurse will need to leave the us, even if there is a job offer on the table.

you are free to do as you want, you will also have to deal with the consequences that immigration gives out. and they are not up for appeal.

Daning · Jul 30, 2006

^ hey this is an informative discussion. and if you're sources are authentic, then readers of this thread ought to get the correct information...

topics such as this which have legal implications should come from real and reliable sources supported by facts...and not just speculations nor mere opinions

suzanne4, RN · Jul 30, 2006

suzane,
i repeat...a beneficiary can have multiple h1b petitions
so is the law about immigrant visas either
see q and answer from a website...
can a person have more than one h-1b petition at one time?
yes. an individual may have multiple h-1b petitions at any one time. however, each employer must petition for the h-1b status
link:
http://www.oiss.yale.edu/visa/h1.htm
i request memebers to surf the ina acts in detal to find that multiple
petitions for a non imm visa are feasible according to the laws.
any website and any imm lawyer would give same answer.
i was answered the same by visa pro lawyers as well.
murthy.com lawyers also opined same stuff
god bless

the biggest issue that you are missing is that an rn cannot get an h1-b visa, they can only apply for the green card. they get expedited green cards, and do not have temporary visas available to them. and they have not ben available to nurses for over two years. and all of the h1-b visas are already filled for 2007. none will be available for anyone until 2008.

guess you forgot to read about that.

you can argue as long as you want, but for nurses, there is only visa available for them to apply for. and you are not a nurse, if i remember correctly.

temporary workers with an h1-b visa are not paid the same as the american staff, or those holding green cards. and the employer is not required to pay them the same.

so please be careful in what you are asking for.