Will NVC process schedule A cases during retrogression

Silverdragon102, BSN · May 3, 2007

Once the I140 is approved and forwarded to NVC, will they process the case?
Will they issue DS-3032 and Fee Receipt, and send and receive back packet 3?
Thanks

from what I can tell there are no more schedule A and unless your current date is within the requirement ie Aug 2003 the NVC are currently not issuing DS230 and packet 3 although there is no reason that your lawyer can't get the paperwork ready so that once things start to move they can file.

suzanne4, RN · May 3, 2007

Anna is quite correct on this. There is no Schedule A, you are under the general EB-3 category now. We do not know if Schedule A will return, or there will be another classification.

The only thing that can be submitted and approved is the I-140. Nothing more will be sent out until the retrogression is over. Definitely, no DS-230 is being sent out by immigration.

pinoy_guy · May 4, 2007

sharing some input from an immigration lawyer

http://www.philippinenews.com/news/view_article.html?article_id=a58372dd0fcbc2a9e456ebe4f34dac4f

at this time (apr 25, 2007), the resolution lies with the comprehensive immigration reform bill called strive act which includes a provision to exempt schedule a occupations from the ordinarily employment based green card cap until 2017. there is no certainty when the strive act will be enacted into law. meantime, some advocates in the health care industry have been advocating for bridge legislation to authorize certain number of visas for registered nurses. no bridge legislation yet has been introduced in congress as of this writing.

meloniez · May 4, 2007

The reason I asked, is because I had read this link:

http://www.hammondlawfirm.com/alerts/11.02.2006_hcalert.htm

and to quote a paragraph:

"How Does Retrogression Impact Schedule A I-140's; Can I still File an I-140?

Yes. Retrogression does not impact the employer's ability to file Schedule A petitions with the USCIS. Employers can continue to file Immigrant Petitions for Alien Workers (Form I-140) with the USCIS, and those petitions can still be approved. The USCIS will also continue to forward approved petitions to the National Visa Center ("NVC"). Similarly, the National Visa Center will continue to process approved Schedule A I-140 petitions by issuing Fee Bills and collecting "Packet III" documents.

However, U.S. Consulates will not assign interview dates and will not be able to issue immigrant visas to Nurses and Physical Therapists until retrogression for Schedule A category ("EX") is resolved."

nahtanoj · May 4, 2007

Currently, all Schedule A are reverted back to EB-3 which means that your priority date is similar to EB-3 priority dates (currently August 03) for the philippines and rest of the world (except China and India).

Lately, there are several bills that are pending in both House and Senate. Only one of them has very specific details about solving the nursing problem. The bill is called STRIVE Act of 2007. Section 504 of that bill may state what you want to get approved so Schedule A will go back.

However, a bill is not a law. Considering the bickering of political parties currently on different more important issues (like Iraq), this bill stands a little chance to pass.

But then again...chance is better than no chance.

lawrence01 · May 4, 2007

the reason i asked, is because i had read this link:
http://www.hammondlawfirm.com/alerts/11.02.2006_hcalert.htm
and to quote a paragraph:
"how does retrogression impact schedule a i-140’s; can i still file an i-140?
yes. retrogression does not impact the employer’s ability to file schedule a petitions with the uscis. employers can continue to file immigrant petitions for alien workers (form i-140) with the uscis, and those petitions can still be approved. the uscis will also continue to forward approved petitions to the national visa center (“nvc”). similarly, the national visa center will continue to process approved schedule a i-140 petitions by issuing fee bills and collecting “packet iii” documents.
however, u.s. consulates will not assign interview dates and will not be able to issue immigrant visas to nurses and physical therapists until retrogression for schedule a category (“ex”) is resolved."

if you'll notice the date.. it was written last year and if you'll go back to the same website and see their latest entries (particularly on feb 12, 2007 - retrogression faq update), they have said that nvc "pre-processing" (issuance of visa fee bills and giving out ds-230 forms) is not being done this year as opposed to what has been done in the last retrogression and it is indeed (pre-processing) not being done this year as reported by many who are on these stages. however, it is expected to be when there would be new visas allocated for nurses, whether it be via cir or a stand-alone recapture bill has been passed to lift retrogression.

always rely on the latest information. when it comes to immigration-related data, things are always volatile. what was true before may not be true in the present.

hope this helps.

meloniez · May 4, 2007

Thanks! That is perfectly clear now.

I guess that is why recruiters and hospitals are not interested, as all you can do now is the I140, and nothing else.

lawrence01 · May 4, 2007

Thanks! That is perfectly clear now.
I guess that is why recruiters and hospitals are not interested, as all you can do now is the I140, and nothing else.

They are still keeping an eye on the developments for lifting of retrogression. Some are more aggressive because they are presuming it will be lifted soon so they want to start it but some are more conservative and adapting a wait-and-see attitude. It depends on how their respective immigration lawyers or consultants see things on the horizon.

Thanks.

suzanne4, RN · May 4, 2007

The reason I asked, is because I had read this link:
http://www.hammondlawfirm.com/alerts/11.02.2006_hcalert.htm
and to quote a paragraph:
"How Does Retrogression Impact Schedule A I-140's; Can I still File an I-140?
Yes. Retrogression does not impact the employer's ability to file Schedule A petitions with the USCIS. Employers can continue to file Immigrant Petitions for Alien Workers (Form I-140) with the USCIS, and those petitions can still be approved. The USCIS will also continue to forward approved petitions to the National Visa Center ("NVC"). Similarly, the National Visa Center will continue to process approved Schedule A I-140 petitions by issuing Fee Bills and collecting "Packet III" documents.
However, U.S. Consulates will not assign interview dates and will not be able to issue immigrant visas to Nurses and Physical Therapists until retrogression for Schedule A category ("EX") is resolved."

Sorry, but that was from a few months ago, and when there were Schedule A visas listed in the Visa Bulletin. I-140 is only the first step and we have not seen anyone get past that getting approved and they have not been sending out the DS-230 since the retrogression started. And the NVC has been returning to sender any DS-230 forms that have been sent to them.

But the bigger thing to look at is the date of that. November 2006.

Much has changed since then. Always look at the date of something that you are reading, that is more than 6 months old.

john83, BSN, RN · May 5, 2007

But then again...chance is better than no chance.

Indeed!:)

john83, BSN, RN · May 5, 2007

Thanks! That is perfectly clear now.
I guess that is why recruiters and hospitals are not interested, as all you can do now is the I140, and nothing else.

...I have seen a decline in recruitment fairs being done in the Philippines, particularly here in Bacolod city, unlike in the past... :crying2:

Well, at least, being started is one step closer to that goal of immigrating(to the US).