working visa with pending immigrant visa

suzanne4, RN · Sep 23, 2008

You signed a contract with an agency that is binding; you will be subject to their cancellation fee if you go with another agency, even if a different type of visa.

H1-B visas are currently being investigated at this time by the US government as many have not met the specific requirements that they were created for. Not sure if you have seen what is happening with the US government in the past week or two; it is as bad as it was back in the depression of the 1930s. The H1-B actually requires that the employer pay 100% of the fee for this type of visa, and also provide proof that they were unable to hire an American for the job. Since many hospitals are having lay-offs at this time, it is going to be quite hard for them to do this. And provide reasoning to their Board of Directors as well as to why they need to spend all of this money. We are expecting to actually see quite a few contracts for the green card cancelled because of this as well.

Agencies do not provide H1-B visas either, this is done by the US government and the next window to submit is next year. Please take the time to do some reading here on what is actually happening here right now, or better yet, just turn on CNN.

kagwangkitangkibot · Oct 5, 2008

Hi. I was just wondering... I'm still on packet 3, waiting for my immigrant visa to come. My priority date is October 2006. Unfortunately, processing for immigrant visas is affected by retrogression and I'm tired of waiting. My question is: IS IT POSSIBLE FOR ME TO APPLY FOR A WORKING VISA WITHOUT CANCELLING MY IMMIGRANT VISA?

suzanne4, RN · Oct 5, 2008

You would be going thru another agency, and you have to be aware of the fact that the first agency would have the right to cancel everything if you are not available for them. And that would mean thousands of dollars owed by you to them. Temporary work visas are quite restricted as well and are only temporary and can be cancelled at any time by the employer or the US government.

The other issue is that it is going to be extremely hard to get any type of visa for the US now, the US economy is quite bad and there have been many lay-offs and hospitals with hiring freezes in place. They need to prove that they were unable to hire an American for the job, and that is going to be quite hard to do at this time.

kagwangkitangkibot · Oct 6, 2008

I see. Thanks for the input.

Let's say hypothetically speaking, my present agency would allow me to file for a working visa (still under their agency) while waiting for my immigrant visa, is that possible? And if it is, would that take a lot of waiting also?

I have heard from philglobal agency that they file working visas for nurses to US. I find it hard to believe since I also heard that working visas nowadays are limited. Quotas for this year have already been reached. Which means nurses have to wait til next year to be filed for a working visa. I'm really confused.

suzanne4, RN · Oct 6, 2008

Agencies do not provide visas, only the US government does. Working visas have strict requirements with them for the ones that are available.

The H1-B visa requires the BSN and there are quotas in most cases, the visa also requires that one be a specialist; chances are that most will not meet this requirement to begin with and all are being investigated now by the US government as we speak.

The other issue is that it is going to be hard for most employers to prove right now that they are unable to hire an American for the job as well.

Next issue is that 100% of the associated visa costs must be paid for by the employer with these temporary visas and do not think that any agency is going to be willing to pay about $7,000 to bring you over now in addition to what was spent already for you. They are not permitted by law to charge you for it or take it from your pay later on. Many that are offering this have no idea about this rule and the US is strongly enforcing it.

Anyone can file, but getting a visa is a whole other thing. Would not trust what they are offering, going to be very hard for them to be able to do it. Other issue is that the temporary visas can be cancelled at anytime by the employer or the US government, then one has to leave the US in under a 30 day period.

Bad idea.

RN_Bendewez · Apr 14, 2009

hi, i would like to ask if it is possible to apply for working visa even though you have an approved immigrant visa but still has no visa available? its taking too much time in my case...will they approve my working visa even though i have a pending immigrant or will they cancel 1 or both petitions? thank you.

Silverdragon102, BSN · Apr 14, 2009

hi, i would like to ask if it is possible to apply for working visa even though you have an approved immigrant visa but still has no visa available? its taking too much time in my case...will they approve my working visa even though i have a pending immigrant or will they cancel 1 or both petitions? thank you.

You can apply for both but if your work visa expires or is cancelled and there are still no immigrant visas available you will have to leave and wait. You currently can not adjust your status and unless that changes you won't be able to do so. To be able to AOS visas need to be current which if on a working visa with approval of immigrant visa you would automatically be processed and have one.