how did you start petitioning process?

World International

Published

I was just wondering from those people who have been petitioned, how did you go about it? Is it better and appropriate if you apply for a job posting first and then if you get an interview, tell them then that you would need petitioning? Or call the facilities and ask if they petition, and if they say yes, then fill out an application for a job or will they offer you a position, and then go on from there? What would be the appropriate things to say? Thanks.

Specializes in Medical and general practice now LTC.
Sorry for not having followed the thread carefully ma'am Suzanne...I only reacted to RGN1's post.

I simply responded because in RGN1's post(quoting RGN1's statement), it was mentioned that only one was gearded up for sponsorship/petitioning(despite the desire of many to employ RGN1).

The question there is why, no one bothered to start the process? Processing takes time, and with patience, gradually, you'll end up to be the next to be given a visa. Waiting for it to be current before starting the actual process may be counterproductive because it might not become current, but instead, moving PDs up gradually. So, by making the initiative to line up means a chance of having the visa when it's already your turn(PD) and not waiting for it to be current(which might be a very long time, if ever).

Finally, I want to highlight RGN1's post that mentioned I-140 and not I-485. If it wasn't about the money(for them to start I-140), then what was it?

But not all hospitals are willing to petition foreign nurses, they can fill their posts with US or nurses already in the US with GC and may not be willing to wait for the nurse to go through the process, remember it is illiegal to go to the US with intentions of changing status despite a lot doing it although currently AOS can not be done as only I140 can be filed and not I485. I485 is filed if doing AOS not if going through CP.

Up Vote Up Vote ×
Sorry for not having followed the thread carefully ma'am Suzanne...I only reacted to RGN1's post.

I simply responded because in RGN1's post(quoting RGN1's statement), it was mentioned that only one was gearded up for sponsorship/petitioning(despite the desire of many to employ RGN1).

The question there is why, no one bothered to start the process? Processing takes time, and with patience, gradually, you'll end up to be the next to be given a visa. Waiting for it to be current before starting the actual process may be counterproductive because it might not become current, but instead, moving PDs up gradually. So, by making the initiative to line up means a chance of having the visa when it's already your turn(PD) and not waiting for it to be current(which might be a very long time, if ever).

Finally, I want to highlight RGN1's post that mentioned I-140 and not I-485. If it wasn't about the money(for them to start I-140), then what was it?

To clear up a few things to start with:

The only petition that is the same is the I-140, then it changes dramatically.

AOS

1. I-140 does not need approval to go to next step, but there needs to be visas available

2. I-485

3. petition for EAD

4. interview with immigration and biometrics/medical ----this is done towards the beginning of the process, not at the end of it if going thru AOS

CP

1. I-140 and needs approval before going on to next step

2. DS-230 needs approval before going on to final step

3. medicals and interview with US Embassy

With the AOS, you can actually have the I-140, as well as the other two petitions submitted all at the same time. And then proceed with getting the EAD and beginning to work while the petitions are being processed. The issue is that without the I-485 being accepted the process cannot move further. This is what is stopping many facilities from starting the process now. The I-140 takes abut a month to complete before it can be submitted, the attorney needs to get the required documents that need to be submitted with that. But then nothing can go any further. It does not need approval to be able to submit the other petitions in the US for the AOS process. But the issue is that the I-485 has been on hold since last October.

The CP processing requires that the I-140 be approved before they even send out the bill to pay and then they will send out the DS-230 forms to be completed.

This thread has been specific to those that are wishing to go thru the AOS process and are in the US now, especially for those that attended school in the US on the F-1 visa, or those that are under the H-4 from their spouse, etc.

Up Vote Up Vote ×
Specializes in med/surg.

The original OP just asked how we went about getting petitioned - I simply answered that question by saying how I went about it. The OP didn't mention anything about AOS, F-1 or H-4.

I did start to worry when the OP was being advised not to be truthful & I totally stand by my reply to that.

I still stand by everything I've said - you must be truthful whatever visa you have now,wherever you are applying from & whatever route you will taking to get your green card. Some hospitals may be willing to pay the fees, others not. I have to pay my own way & that's fine with me.

As I said I just told how it was for me, nothing more, nothing less.

Up Vote Up Vote ×

Hmm..even people claiming they are truthful are the worst, for all i know. How many employers would petition for you when you start telling them you are looking for sponsorship? Only very few. And by not telling them aforehand that you are looking for sponsorship doesn't mean you are not honest. If you go for an immigration interview, there are questions you wish they don't ask you right? By wishing that the question doesn't come, does not ultimately make you a liar. Otherwise, when it's time for interview, go there and open your mouth and even say what you are not asked, all in the name of being honest and see if they would grant you that visa.

Ms suzanne pls kindly close this thread.

Up Vote Up Vote ×
Hmm..even people claiming they are truthful are the worst, for all i know. How many employers would petition for you when you start telling them you are looking for sponsorship? Only very few. And by not telling them aforehand that you are looking for sponsorship doesn't mean you are not honest. If you go for an immigration interview, there are questions you wish they don't ask you right? By wishing that the question doesn't come, does not ultimately make you a liar. Otherwise, when it's time for interview, go there and open your mouth and even say what you are not asked, all in the name of being honest and see if they would grant you that visa.

Ms suzanne pls kindly close this thread.

There is no reason to close this thread. There is no sponsorship as you are calling it in the first place. That means the H1-B visa and that has not been available in more than three years.

And it is the employer's right to know that the nurse is going to need to be petitioned in the first place. It should not be withheld and hope that it will not be asked. If a foreign nurse wishes to work in the US, they need to have a visa that will permit them to do so. And even with the EAD that comes from the OPT, the nurse still must show proof that they are in the US and can legally work. This is a requirement of US immigration and federal law.

You will find that things go much easier if the facility knows everything up front, and I have never seen it be an issue if they wanted the nurse in the first place. Most are happy to do things in the first place. You are not giving the employer the benefit in the first place.

The initial question on this thread was how to get petitioned, and we gave the correct and appropriate answer. Even getting nervous that immigration is going to ask a certain question is not the way to approach things in the first place.

Sorry that you do not agree with how things should be done. That is not the issue here. The question was how to do things.

Up Vote Up Vote ×
Specializes in Med-Surg,OPD ER,School/Clinic,Teaching.
But not all hospitals are willing to petition foreign nurses, they can fill their posts with US or nurses already in the US with GC and may not be willing to wait for the nurse to go through the process, remember it is illiegal to go to the US with intentions of changing status despite a lot doing it although currently AOS can not be done as only I140 can be filed and not I485. I485 is filed if doing AOS not if going through CP.

Thanks for your insights Silverdragon102!

Up Vote Up Vote ×
Specializes in Med-Surg,OPD ER,School/Clinic,Teaching.
To clear up a few things to start with:

The only petition that is the same is the I-140, then it changes dramatically.

AOS

1. I-140 does not need approval to go to next step, but there needs to be visas available

2. I-485

3. petition for EAD

4. interview with immigration and biometrics/medical ----this is done towards the beginning of the process, not at the end of it if going thru AOS

CP

1. I-140 and needs approval before going on to next step

2. DS-230 needs approval before going on to final step

3. medicals and interview with US Embassy

With the AOS, you can actually have the I-140, as well as the other two petitions submitted all at the same time. And then proceed with getting the EAD and beginning to work while the petitions are being processed. The issue is that without the I-485 being accepted the process cannot move further. This is what is stopping many facilities from starting the process now. The I-140 takes abut a month to complete before it can be submitted, the attorney needs to get the required documents that need to be submitted with that. But then nothing can go any further. It does not need approval to be able to submit the other petitions in the US for the AOS process. But the issue is that the I-485 has been on hold since last October.

The CP processing requires that the I-140 be approved before they even send out the bill to pay and then they will send out the DS-230 forms to be completed.

This thread has been specific to those that are wishing to go thru the AOS process and are in the US now, especially for those that attended school in the US on the F-1 visa, or those that are under the H-4 from their spouse, etc.

Thank you very much ma'am Suzanne for a very enlightening response!

Up Vote Up Vote ×
Specializes in NICU , Mother-Baby, Pediatrics,.
There is no reason to close this thread. There is no sponsorship as you are calling it in the first place. That means the H1-B visa and that has not been available in more than three years.

And it is the employer's right to know that the nurse is going to need to be petitioned in the first place. It should not be withheld and hope that it will not be asked. If a foreign nurse wishes to work in the US, they need to have a visa that will permit them to do so. And even with the EAD that comes from the OPT, the nurse still must show proof that they are in the US and can legally work. This is a requirement of US immigration and federal law.

You will find that things go much easier if the facility knows everything up front, and I have never seen it be an issue if they wanted the nurse in the first place. Most are happy to do things in the first place. You are not giving the employer the benefit in the first place.

The initial question on this thread was how to get petitioned, and we gave the correct and appropriate answer. Even getting nervous that immigration is going to ask a certain question is not the way to approach things in the first place.

Sorry that you do not agree with how things should be done. That is not the issue here. The question was how to do things.

Dear SUZANNE4

Speaking about correct and appropiate answer, I have a question related to immigration. Well, temporary work authorization and the yes or not answer to the are you legally authorized to work in the USA.

I am under a spouse NAFTA visa ( TD), and I just started sending my resume to some hospitals here in the midwest, but when filling the application I put yes to that question and I put my start date September 30 2007. ( not interview yet; I sent it two days ago)

I did this because I have the VSC on habd and I will just need the Employment letter from the Hospital for me being able to fill out application for the NAFTA visa as employee this time.

My hope when I was doing the application was to get hired and just ask for a Employment letter , then do the NAFTA visa application by myself, go to the US consulate in Mexico and ask for this type of visa, ahe HR at hosptnd get back to USA with the visa to show to HR at hospital.

Therefore, the point is that I must tell the truth to them, so I unfortunately I make a mistake due to the impact of giving such information in that way,so should I let them know at the time of the interview or should I call them; even before getting the interview? and explained them this matter.

As Mexican I can go for the NAFTA visa; which is something I do want to do at this point. However, since I've never ever done anything wrong, and I do not want to see my self in troubles just for making this choice.

What should I do to make it up and not get in trouble?

Thanks

Up Vote Up Vote ×
Specializes in med/surg.
Hmm..even people claiming they are truthful are the worst, for all i know. How many employers would petition for you when you start telling them you are looking for sponsorship? Only very few. And by not telling them aforehand that you are looking for sponsorship doesn't mean you are not honest. If you go for an immigration interview, there are questions you wish they don't ask you right? By wishing that the question doesn't come, does not ultimately make you a liar. Otherwise, when it's time for interview, go there and open your mouth and even say what you are not asked, all in the name of being honest and see if they would grant you that visa.

Ms suzanne pls kindly close this thread.

My employer petitioned me & they knew before the interview that I would need petitioning - as I said at the very start of this thread!! How can being truthful make me worse than someone who lies??

Granting the visa is up to immigration but if all is above board with the original petition (which it will be if you are truthful) then there should not be a problem - well apart from the fact there are no visas at present!:o

There are no grounds for closing this informative thread & I'm very pleased that Suzanne has said that.

Up Vote Up Vote ×
+ Add a Comment