Workin and Immigrant visa at the same time?

woody62, RN · Sep 14, 2007

I am a nurse in the Philippines. My I-140 wa filed already this april 2007. With retrogression, it seems that the processing of my papers will take a longer time. Now, is it still possible for me to apply for a working visa while my immigrant visa is still under processing? Will there be no conflict? thanks!

I don't know. I suggest you talk to an immigrantation attorney.

Woody:balloons:

Silverdragon102, BSN · Sep 14, 2007

I am a nurse in the Philippines. My I-140 wa filed already this april 2007. With retrogression, it seems that the processing of my papers will take a longer time. Now, is it still possible for me to apply for a working visa while my immigrant visa is still under processing? Will there be no conflict? thanks!

All you can do is wait for your greencard to be processed. There are many of us in this boat and stuck with retrogression. There is the H1C but would not recommend this route and it may have an impact on your processing. Plenty has been written about this and I would suggest doing a search for it and reasons to why it is not a recommended option. There really is no quick way to get into the US

suzanne4, RN · Sep 15, 2007

We do not have working visas, the H1-B is not available for nurses and has not been in more than three years.

There are no shortcuts to working in the US legally, you only have the green card available to you.

And if you are considering the H1-C visa, be aware that you have had a petition submitted by one employer, it is not a good thing to do to go and sign something with another employer at the same time, you will be liable for the fees spent by the first agency and that can be in the thousands of dollars. You are talking of time spent on you, as well as immigration attorney fees, and immigration costs, most have a large cancellation fee in the contract, suggest that you have a good look at that before you consider anything else. And then the first employer can also have your petition cancelled.

whitesun · Sep 15, 2007

hi!

im actually been in the same boat as u are. my i140 petition got approved on December 2006, but to retrogression problems, the green card petition slowed down. im a clinical instructor based in Cebu, Philippines for almost three years. i was lucky one day to be accepted for a nursing instructor faculty position in a Florida community college through an H1 visa. my working visa petition was filed through an expedited premium processing last Aug 22 and I just came back home in Cebu from my manila US embassy interview. With my visa arriving in 7 days, I am pretty sure U can also get one, even w retrogression in place. The presence of an I140 petition filed on u will not be held as basis for denial of an H1 visa. However, some facts need to be considerd first.

H1 cap is set at 65,000 visas per year. it is more difficult than I140 to get an approval for an H1 visa due to this cap and the impossible number of H1 demands, particularly from the healthcare and computer industries. HOwever, some exemptions are present to this cap if your petitioner meets the following:

a. government agencies (e.g. public hospitals)

b. educational institutions of higher learning

c. your position requires master's degree or higher

2.

suzanne4, RN · Sep 15, 2007

hi!
im actually been in the same boat as u are. my i140 petition got approved on December 2006, but to retrogression problems, the green card petition slowed down. im a clinical instructor based in Cebu, Philippines for almost three years. i was lucky one day to be accepted for a nursing instructor faculty position in a Florida community college through an H1 visa. my working visa petition was filed through an expedited premium processing last Aug 22 and I just came back home in Cebu from my manila US embassy interview. With my visa arriving in 7 days, I am pretty sure U can also get one, even w retrogression in place. The presence of an I140 petition filed on u will not be held as basis for denial of an H1 visa. However, some facts need to be considerd first.
H1 cap is set at 65,000 visas per year. it is more difficult than I140 to get an approval for an H1 visa due to this cap and the impossible number of H1 demands, particularly from the healthcare and computer industries. HOwever, some exemptions are present to this cap if your petitioner meets the following:
a. government agencies (e.g. public hospitals)
b. educational institutions of higher learning
c. your position requires master's degree or higher
2.

Hospital jobs do not have the H1-B visa available, and they have not been available in more than three years.

And the next question for you: Is your employer the same as for the H1-B visa as the original petitioner? If not, you may owe a fee to the one that has submitted the I-140 on your behalf.

Most that are posting here do not meet the requirements to be instructors here in the US.