go_guy123
09-04 01:23 AM
I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
A lot of nursing jobs dont need a 4 yr bachelor's degree and thats why you cant use
H1B for that unless the specialised nursing jobs needs a bachelors.
Therefore (thankfully) Nurses are directly applied for Green Card EB3. However there
is significant backlog even for ROW EB3. There is lobby effort to allocate green card quota for nurses like they did in 2004.
The employer (with the lawyer help) will file I140 for you and when the PD is current you can file I485.
But since you are on F1 visa, filing I140 you might have problem with the non immigrant intent clause at the
port of entry.
I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.
I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.
Any insight on my current situation is much appreciate.
Thank you all very much,
Sheryn:)
A lot of nursing jobs dont need a 4 yr bachelor's degree and thats why you cant use
H1B for that unless the specialised nursing jobs needs a bachelors.
Therefore (thankfully) Nurses are directly applied for Green Card EB3. However there
is significant backlog even for ROW EB3. There is lobby effort to allocate green card quota for nurses like they did in 2004.
The employer (with the lawyer help) will file I140 for you and when the PD is current you can file I485.
But since you are on F1 visa, filing I140 you might have problem with the non immigrant intent clause at the
port of entry.
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PHANI_TAVVALA
02-12 10:20 PM
Thanks for replying, i have some more questions related to this
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
Lets say my current employer is A and next employer is B
1. Do employers normally revoke I140 when employee leaves ?
Most of the time, No. It's waste of money for employers to pay for the lawyer to send in a request to USCIS to revoke I-140. This will be more common if the lawyer is on company's payroll and gets paid a fixed amount and not per case basis.
2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?
Yes. As long as job qualifies/requires EB2.
3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?
You can't port I-140 period. It is property of the company that filed it. Company C (D,E,F...Z) will need to redo labor, I-140 etc. Priority date can be recaptured.
idark
06-24 07:05 AM
Halfdog
It really doesnt fit in anywhere lol - But I can experiment a bit see what I can come up with. Can I resubmit my entry?
It really doesnt fit in anywhere lol - But I can experiment a bit see what I can come up with. Can I resubmit my entry?
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Munna Bhai
02-19 09:11 AM
Hello,
The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.
Hope this helps.
The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.
Hope this helps.
more...
sunny1000
12-18 10:52 PM
The labor is for your future job that your company is offering (atleast technically). The LCA is based on your employer's address and NOT based on your address..As long as your employer doesn't move, it should be no problem. Of course, please check with an immigration attorney on this.:D
My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?
My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?
diptam
07-29 04:40 PM
I dont know if USCIS requires this format or not but i submitted my 140 with this letter format... By the way - my 140 is not yet approved its pending for 3 Months at Nebraska.
/***
May 05, 2007
RE: Mr. XXXXXXXXXXX
TO WHOM IT MAY CONCERN:
This letter is to verify that Mr. XXXXXXXXXXX was employed by <company name> as a full-time Software Engineer from mm1/yyyy1 to mm2/yyyy2. During this period he worked 40 Hours per week.
During the period of employment at <company name> Mr. XXXXXXXXXXX’s duty were to Plan, design, develop, test and document application software using < technology list .... >
Mr. XXXXXXXXXXX has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. XXXXXXXXXXX all the best in his future endeavors.
Sincerely,
_____________________________
Mr. XXXXXXXXXXXXX
Project Manager
***/
Hi,
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
/***
May 05, 2007
RE: Mr. XXXXXXXXXXX
TO WHOM IT MAY CONCERN:
This letter is to verify that Mr. XXXXXXXXXXX was employed by <company name> as a full-time Software Engineer from mm1/yyyy1 to mm2/yyyy2. During this period he worked 40 Hours per week.
During the period of employment at <company name> Mr. XXXXXXXXXXX’s duty were to Plan, design, develop, test and document application software using < technology list .... >
Mr. XXXXXXXXXXX has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. XXXXXXXXXXX all the best in his future endeavors.
Sincerely,
_____________________________
Mr. XXXXXXXXXXXXX
Project Manager
***/
Hi,
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
more...
GotGC??
09-06 07:20 PM
It looks like it has been transferred to NSC. Probably because your AOS is filed there, but more likely because you're from a region administered by NSC. Could you please confirm if that's the case. 450+ days is just ridiculous, but hope this change is one in the right direction.
Hi Guys,
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
Hi Guys,
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
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Bpositive
03-01 10:52 AM
try to get feedback from potential employers (corporations) on content and also look beyond indian population as you think about your value proposition...best of luck!
more...
Michigan123
06-16 09:12 PM
LCA for H1 not for GC processing. My GC LCA is difefrent than H1B LCA .
I am not sure if any New LCA is required for 485 ...At least my company has not initiated any new LCA..
But they do file for H1B(LCA) if there is any change in work location.
I am not sure if any New LCA is required for 485 ...At least my company has not initiated any new LCA..
But they do file for H1B(LCA) if there is any change in work location.
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immidude
06-08 05:07 PM
I dont know that until i got RFE (and the attachment of RFE has details)
more...
arnet
06-13 08:46 PM
check with your attroney, in general you can do concurrent I-485 filing along with I-140 (or) if your I-140 pending you can still apply for I-485 with I-140 filing. But I never did this, so check with your attroney now and do it. good luck
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
Congrats to all who can apply for I 485.oUR situation is that my husband is a fellow in medicine speciality and already been offered a job which he wil start in july 2008.Our details
lc approved for the future job
i 140 pending.
Are we eligible to apply for i 485 ..ead for a future job etc.
I am on h4 .
Thanks People.
Thanks to iv
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baleraosreedhar
02-06 12:36 PM
One problem is as the new company is big desi firm they are not giving me copies of Approved labour and I140, i just have the I140 number.So can you please let me know is it possible to port my PD without I140 document by just quoting the I140 number.
Thanks
Sreedhar
Thanks
Sreedhar
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eager_immi
07-18 04:05 PM
No when ur PD is current; Yes it has effect when not current.It does not.
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MARY_GC
07-23 01:45 AM
Hi,
I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are
1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?
2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?
3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?
Gurus, please comment the pros and cons of this.
I have applied my I-485 (EB3, PD - 2004 Feb) last week. Planning to file EB2 PERM with the same employer next week for porting the EB3 dates. My doubts are
1) Can we file an interim application at I-485 stage for porting the EB3 priority date for EB2, rather than filing a second I-485?
2) After the EB2 I-140 approval, do we need to wait for my priority dates to become current for submitting the interim application for EB2 I-485?
3) I am doing this for getting the GC comparitively earlier. But is there any issues/threats for doing like this?
Gurus, please comment the pros and cons of this.
more...
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rb_248
01-31 08:28 PM
don't waste your time predicting.
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martinvisalaw
09-10 12:52 PM
The withdrawal of the H-1B is not really what decides whether you are out of status. Presumably the former employer withdrew because you no longer work there. In that case, you have been out of status since you came off payroll.
However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.
You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.
However, if there is only a short gap between your last paystub and when the new company files the H-1B, you could still be approved for a change of employer and extension. You should discuss with the lawyer preparing the new H-1B.
You should not be subject to the cap in any case, since you were already counted towards the cap within the past 6 years.
more...
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GCcomesoon
03-30 04:20 PM
Hi
I have been listening to the Senate proceedings for last few days & I'm very unhappy to say that so far there has been no mention of legal immigrants.None of our issues have been discussed or debated.I was thinking after doing so much of hard work ( especially by the VI team ) & all the contributions,lobbying, we would get some changes done but looks like ..
I'm not being negative here, but its just a thought.
Thanks
GCcomesoon
PD - 05/2003
PBEC Victim
I have been listening to the Senate proceedings for last few days & I'm very unhappy to say that so far there has been no mention of legal immigrants.None of our issues have been discussed or debated.I was thinking after doing so much of hard work ( especially by the VI team ) & all the contributions,lobbying, we would get some changes done but looks like ..
I'm not being negative here, but its just a thought.
Thanks
GCcomesoon
PD - 05/2003
PBEC Victim
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immigrationvoice1
02-12 02:35 PM
Hi,
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
My wife is going to apply for both H4 and H1 visa. Since marriage is in March end, she will come to US on H4 visa. Her H1 visa will be applied as if she were in India. Now her I94 will say H4. Once she gets her H1B, she will have to go out of country to get new I94.
We can go to Mexico to get it stamped and hence get new I94. If for some reason, H1B is rejected, can she still enter the US on H4 visa?
Thanx,
My advice - Bring her in using H4 visa stamped on her passport based on your H1B. The H1, even if she gets (in the 2009 quota which needs to be applied on April 1st 2008) cannot be used before Oct 2008 as all new H1s can be used only from the month of Oct. That H1B approval will come with its I-94 attached. Once October arrives, she can start working on her H1B. She does not need to go anywhere to get it stamped.
When you go out of USA on vacation the next time, she can have her H1B visa stamped on her passport.
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pcs
04-07 08:06 PM
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Let us encourage them to protest.
gopi544
06-30 05:41 PM
Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.
Thanks for the quick replay,
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
Thanks for the quick replay,
So it means that if she dose not have the AP with her while she leave US, she can not use it.
Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.
Thanks again for the suggestion.
haroontabrez
10-05 07:44 PM
Hello,
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
Anyone who received their Advance Parole Approvals, from NSC, who filed their I-485/AP etc on July 2nd?
Thanks.
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