switching to a working visa

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hey everyone! there are some visa issues which confuse me and i would appreciate any clarifications.

the US is in retrogression, so this affects the granting of immigrant visas, right? would it be possible to "switch" from an immigrant visa to a working visa? like say, for example, if i am a nurse with an employer already sponsoring my immigrant visa, but because of the retro, i am "stuck" here in the Philippines for a few more years.. so in order for me to enter the US faster and work there sooner, my employers file for a working visa instead..

and if it is possible, then why not use working visas for all nurses?

unlike PTs, OTs, and workers in other fields, why do RNs have to use immigrant visas?

thanks. :nurse:

hi plumbabe, would you be kind enough to refer me to the agency/employer that sponsored working visa to you and your friends? message me thanks so much

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ilovetiggerdear,

I have a hard time sending you a private message. PM me your ym, i'll tell you the details.

You are unable to send a pm until you have 15 posts to your credit.

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So after reading this forum for about 5 hours now, I see that the moderators stand on H1-B visas for nurses are unfavorable. Please take note that I am not trying to push any opinion here, just really trying to gathering information.

I just wanted to ask more details about nurses who were able to go the H1-B route. Can you please share details about yourself like:

- prior work experience

- what category you applied for in your H1-B application (there are different job codes for each kind of job)

- where did you study, what is your degree

- what exams did you need to pass

H1-B is pretty much about being able to convince the US government agencies concerned that there you are qualified for a position that is needed to be filled by a US company. Its like trying to build a case on what makes the applicant special that he/she deserves the H1-B visa. This is why I asked the questions/details above so that I would know if it is possible for my unique situation. Thanks.

Joel

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Specializes in Medical and general practice now LTC.

If the nurse meets H1b criteria and is prepared in a lot of cases to be included in the lottery (cos that is what it is like as not all hospitals that do H1b can opt out of normal allocation) and prepared that they may have to go home if they can not adjust their visa and their visa expires or they loose their job then I have no problems them going that route. However not a lot of hospitals offer H1b visas. Plus add into the equation that if you loose your job on H1b you have 60 days to leave the US at least with GC you can stay and convert to citizen 5 years down the road. H1b you can't. With the way things are at the moment and you can not AOS and doubt that will happen again for a while, you are very stuck if you do not like the hospital you end up at if on the H1b. Nurses need to be aware on what happens if their circumstances change and H1b is very limited.

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Specializes in Medical and general practice now LTC.

Also from my understanding on H1b the nurse has to be specialist trained in a highly required area, employer needs to prove this is the case and that they have not been able to recruit locally. Majority of nurses do not meet that requirement.

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i thought the h1-b slots were already gone earlier this year. i have a friend who's currently on the 17month extension for his OPT because he was affected by that h1-b cap but that's only cuz he's some science major who employer could get him the extension.

Also, most hospitals aren't sponsoring people for the H1-b these days. I'm not a mod on this board so i shouldn't fall under the "unfavorable opinions" stereotype. I knew one hospital in PA that did the H1-b but at the current moment, they aren't even hiring US citizens, let alone foreign nurses. Simply put, they have a hiring freeze, and so do most other hospitals i know.

Unless you have an engineering degree under your belt, you shouldn't focus so much on the H1-b. truth is, it's really hard to get the h1-b as a nurse considering the current glut we have in some areas.

Am i saying you can't come into the country as a foreign nurse? No, i actually had a foreign nurse in my orientation today who just came into the country but the visas aren't available like they used to be. The mods just call a spade a spade and that's really the truth - the h1-b is a lottery. maybe you should work for a university or other institutions that don't have the cap.

Now, i tend to float between two cities on the east coast and so opinions is based on hospitals here. i'm sure other people on this board will know a lot more than i do.

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Yes, the H1-B visas are already gone this year (they disappeared all in the first day), this will be for April 1, 2009 which is when the next round of applications will open. As for the H1-B being a lottery, unfortunately you are correct here. It was not always the case, this just started in 2007. Before that the 65,000 a year H1-B cap did not get filled up on the first day it opened. Also I am pretty aware that i should never be out of status even for 1 day, so the H1-B route will definitely mean going back to the Philippines.

The only thing good about an H1-B is that since it is independent of a GC application, you can actually legally work in the US while you have your GC pending by another employer (or the same one for that matter). this will enable you (if you get the it) the ability to work while waiting for the retrogression to move.

All the points raised so far are valid, H1-B is only good for maximum of 6 years, does not give you permanent residency after, if you lose your job you go home, etc. etc. But again since its independent of the GC, you can even go back home and wait for your GC if you lose your H1-B job as long as the GC petitioner still wants to hire you. I don't think it is an either/or question, having an H1-B visa knowing that you still have to push hard to get a GC somehow should be ok right?

Joel

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i thought the h1-b slots were already gone earlier this year. i have a friend who's currently on the 17month extension for his OPT because he was affected by that h1-b cap but that's only cuz he's some science major who employer could get him the extension.

Also, most hospitals aren't sponsoring people for the H1-b these days. I'm not a mod on this board so i shouldn't fall under the "unfavorable opinions" stereotype. I knew one hospital in PA that did the H1-b but at the current moment, they aren't even hiring US citizens, let alone foreign nurses. Simply put, they have a hiring freeze, and so do most other hospitals i know.

Unless you have an engineering degree under your belt, you shouldn't focus so much on the H1-b. truth is, it's really hard to get the h1-b as a nurse considering the current glut we have in some areas.

Am i saying you can't come into the country as a foreign nurse? No, i actually had a foreign nurse in my orientation today who just came into the country but the visas aren't available like they used to be. The mods just call a spade a spade and that's really the truth - the h1-b is a lottery. maybe you should work for a university or other institutions that don't have the cap.

Now, i tend to float between two cities on the east coast and so opinions is based on hospitals here. i'm sure other people on this board will know a lot more than i do.

Which Uni or institution do not have a cap? How can someone find the information? Thank you.

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And also, in hospitals and health care facilities, there is one staff, who educates health care providers (with like inservice etc etc ) ... what are they called? What is their title? And what is required to be in that position? Anyone has any idea on this? Thank you again.

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Specializes in Medical and general practice now LTC.

Hospitals will have health educators and staff educators but you will be expected to know something of the US system and have worked in the US for some time and have experience

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Specializes in CTICU.

I'm on a working visa (not H1B and much easier to get, only for Australian citizens though). It is also a "skilled professional" visa. My job description/offer was written just for me, as I already knew the employer and they tailored the job to my experience and skills, which are in a very specialized area of cardiothoracic critical care. I had >10 years of experience in this area as well as publications and industry experience. My visa needs to be renewed/extended every 2 years.

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Actually your visa is called a treaty visa, and it accepted by facilities that do not permit temporary work visas. They are limited to citizens of Australia for the E-3; and to those from Mexico and Canada for the NAFTA TN Visa.

It does not work for anyone else, and they also must be citizens of these threee countries and hold a passport from there.

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