PT/OT CASES TO BE RE-OPENED BY USCIS 07/17/09

Written by: SherryNeal
The USCIS announced today that it will re-open H-1b cases for PT’s and OT’s that were denied solely on thge issue of Master’s degree. The petitions will be re-opened by USCIS (by Service Motion) and will not require the petitioner to file a Motion to Re-open or Appeal with the normal USCIS filing fee. During the last month the USCIS had vascillated on whether it would require petitioners to pay the filing fee and file a formal motion to re-open or appeal.
The USCIS will re-open if the petitioner or attorney emails the USCIS before August 14, 2009. The petitions will be decided based upon the “Velarde memo” issued by the USCIS on May 20, 2009 which provided clarification on the standards for H-1b’s in healthcare specialty occupations.

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73 Responses to this article

 
dgd July 18, 2009 Reply

good luck to all PTs and OTs aspiring for a US job, may you all find better success than us nurses who are still waiting for the lifting of retrogression. God bless us all!

 
Scott July 20, 2009 Reply

Dear Hammon Law Group,

Greetings! I hope that you can enlighten me with my question. I am a filed under the EB3 visa category, with a priority date of December 12, 2007. However I have recently finished my Masters Degree in Nursing. Is there a possibility or is it possible that I will be refiled under EB2 which happens to be current? Since I have already a full Masters Degree in Nursing which is an advanced degree. I am hoping that I will be re categorized under Eb 2 to have my papers fastracked.

Thank you.

 
okray2009 July 20, 2009 Reply

to SCOTT:

i mean no offense but pls make sure your message is grammatically correct!! it is a big shame that you have a masters degree and yet you are grammatically challenged! am i making any sense here?

to DANILO:

you will never ever reach america until you are able to write and probably read english correctly. take an extra effort to learn the english language. shame shame shame

 
lucifer07 July 20, 2009 Reply

okray2009

Yes… Your making a sense with a lot of non-sense people in this blog.

Nice shot..

 
Ramzenger July 20, 2009 Reply

To okray2009:

Touche!

 
okray2009 July 20, 2009 Reply

correct usage of the english language is of paramount importance in delivering a safe nursing practice. it is imperative for a nurse wishing to migrate in an english speaking country to master the language. filipinos are well into it however, many still needs a lot of learning to do.

for those of you winching and moaning and groaning about the u.s immigration system, pls learn the language as you wait for your priority dates to become current. in this way, you will be competent and less danger to yourself and the public at large.

i hope danilo and scott can read this and really get moving. thanks

 
okray2009 July 20, 2009 Reply

correct usage of the english language is of paramount importance in delivering a safe nursing practice. it is imperative for a nurse wishing to migrate in an english speaking country to master the language. filipinos are well into it however, many still needs a lot of learning to do.

for those of you winching and moaning and groaning about the u.s immigration system, pls learn the language as you wait for your priority dates to become current. in this way, you will be competent and less danger to yourself and the public at large.

i hope danilo and scott can read this and really get moving. thanks

 
Ramzenger July 20, 2009 Reply

To dgd:

you explained about the lawsuit, now i get it. Its a cycle. the more staffing shortages, the more probability that lawsuit will be lodge, thus increasing cost.

With regards to shortages, in highly urbanized areas like San Francisco there this supposititious surplus of nurses. I called it supposititious, because this factor is also pulling away our chances of getting this bills passed, but the moment the economy goes back on tract, then the real shortages will be felt again. But we know very well that we are willing to be assigned in areas that are really understaffed and the shortages is really acute and a lot of USC nurses would not like to work to. again, I believe that unless the economy goes humming again then the bills in congress will not passed. Plus the factors of the democrats, the unions, the President. I mean, look at American Hospital Association, they supported the bill last year, did it go anywhere? How about the nursing bill in 2007?

I really believe that we will be holding our immigrant visa by the year 2012 or 2013 and I hope that i am not being a pollyanna.

To b ob:

I really dont understand what are you trying to say.

 
Ramzenger July 20, 2009 Reply

to okray2009:

touche again.

labi na gyud kaming mga bisaya. pag ka labtik mo english bay!

 
okray2009 July 20, 2009 Reply

to ramzenger

its TOU-CHE' not TOUCHE

learn from me as i learn from all of you.

cheers!!!

 
Ramzenger July 20, 2009 Reply

to okray2009:

Hmm, really? and you thought your smart? Ha ha ha.

 
okray2009 July 20, 2009 Reply

oh dahlin ramzenger, you are another hopeless case!

ramzenger, you should have written:

hmmm, really? and you THINK YOU'RE SMART!!! AHAHAHAH

that is the right way to write your comment ok!

hmmm this is starting to be a basic english course! heheheheh

take it constructively and you wont go wrong ok

 
savana July 20, 2009 Reply

okray…

it's great that you have good command of English…

but don't be too smug…

just be thankful that you got it better than others…

 
okray2009 July 20, 2009 Reply

iHmmm me a smug? It's funny how you people react to your flimsy mistakes!
I worked so hard to make sure I speak and write English the right way. There is no reason why others can't do it. I don't mean to brag but yeah everyone pls work hard on your language. It's all for your own good!

So my dear bloggers watch out your grammar ok!

Cheers Philippines

 
DANILO July 20, 2009 Reply

to okray2009

i am traveling not just america but different parts of the world,

this is the benefit of having a big business,

as a tourist visa i can visit my classmate in canada , uk , and usa.

are you satisfied.

God bless to you.

sometimes you must look at the mirror and check your wallet before you say something to others.

 
chyme July 20, 2009 Reply

mr. okra,i have Filipino friends with poor English skills living abundantly in America. Have you been to USA or UK with you excellent english skills mr. okra?!!

 
Ozzy July 20, 2009 Reply

I cannot believe that some people actually try to be punitive and incredibly xenophobic on a blog like this. I understand that many Filipinos feel frustration because of the backlog and they try to reflect it on people from other countries. Come on guys, it is a darn blog, not an essay. He made his point and people understand what he means, which is what matters. To cuyas and ates, there are nurses from other countries besides the Filipines who wish to work in the US. Instead on focusing on absurd grammatical mistakes, why we don't focus on this backlog that is going for years now. Would it come to an end?

 
okray2009 July 20, 2009 Reply

Fact no. 1

NCLEX and CGFNS is way easier to pass than IELTS or TOEFL

Fact no. 2

Filipinos nurses are highly skilled and hard working

Fact no. 3

?Filipino nurses are 2nd class nurses…….. how true is this?

The friends of chyme who as she said has poor english skills but living abundantly in america is simply shocking, simply scary and unprecedented. i think a lot of filipinos nurses are regarded as 2nd class nurses because of their inability to fully express themselves and deliver clearly their point of view. remember communication both in the written and oral form is as important as your nursing skills and knowledge.

while you guys are waiting for your much awaited time to go in an english speaking country, PLEASE CULTIVATE YOUR ORAL AND WRITTEN ENGLISH.

NO OFFENCE BUT I GUESS TRUTH HURTS!!!

GOOD DAY TO ALL OF YOU.

THANKING YOU

 
Xavier July 21, 2009 Reply

Why don't we start with your English refinement; it is spelled offense, not offence.

Cheers!

 
TopDailyMonitor July 21, 2009 Reply

Opps! I thought this is all about immigration issues. I am shocked to read people's comments about English. This is just a comments page. There are no rules here. Spelling and grammar use is not a big deal here, because this is just a blog not an English club or something beyond that. People should not be fighting and even bragging about their English superiority. If you want to brag something it must be the bank account. Anyone would like to dare?

 
TopDailyMonitor July 21, 2009 Reply

Most of the time people will commit typo errors and there are lots of causes about spelling mistakes and etc. So once again guys don't be conscious about your grammar. I wish we are living in ancient times where there are no grammar rules to be concern of, because we just communicate using ooooohss, grunts, and ahhhs. WTF.

Okray2009 wants your attention and praises because maybe of insecurity related to retrogression secondary to Visa unavailability.

 
mike July 21, 2009 Reply

to hammond law moderator,
i have been a very avid follower of this blog but as things looked worse for us nurses/hopeful immigrants to u.s. as the days/months/years that have gone by it seems to be the same with this blog, i would like to request that you delete comments/commentators in this blog that are not of any relation to the IMMIGRATION ISSUES AND RETROGRESSION RELATED TOPICS,and even better if there is a way to ban them do so….and to those concern if you have nothing better to do leave this blog alone…..

 
okray2009 July 21, 2009 Reply

to all bloggers,

while waiting for the retrogression to be lifted, take up an english course to upgrade your english proficiency. practice your spoken english and graciously accept comments to further enhance your learning process. its not a bad idea isn't it.

its bloody cold here in the southern hemisphere and its absolutely gorgeous here. come and join me!

cheers to everyone!

 
mercredi July 21, 2009 Reply

funny how retro has gotten the best of somebody here…truth be told,language skills is not really something to brag about.it must be some typo so u shouldnt be too harsh on ur comments,as an RN it scares me to think ur behaving that way,i wonder if u could provide TLC when ur being too crappy abt minor things…and what's that abt "public at large"…indeed when ppol see comments like urs all they culd say is…WTF?!…okray2009 dont be manic.get a life.RUBBISH.

 
okray2009 July 21, 2009 Reply

hmmm MERCREDI'S english is all good! very good indeed!!!! i like it!

carry on mercredi!

 
no July 21, 2009 Reply

Okray
I have been reading all ur nonsense on this blog here.
It is really good to know of your command on the English and yes indeed not forgetting your grammar.
But please do realize that people there on this blog are from different countries and have had their basic education in different languages.
Considering that they have still managed to learn the English language and also give exams in the USA as per the US standards and still passed these exams is to their credit.
So stop being such a snob and get touchy about ENGLISH and GRAMMAR.

Over the last few months I have heard President Obama call out to the US citizens and almost pleaded with them to stay in school and learn. He also admitted that the Chinese and Indians were getting ahead of the USA in this front of education.

So can still be of great help to the citizens of USA and teach them this English and Grammar.

We at this blog here can do without ur totally rude teaching techniques.

Thanks

 
pnoyrn July 21, 2009 Reply

To Okray,

Why dont you share your expertise in teaching the English language to countries where they need it badly, go to Afghanistan and Iraq, they need you there, instead of wasting your time blogging here..

 
Sandhya July 21, 2009 Reply

I am RN, My I 140 is applied thorugh a Nuring Home and it got denied, Any ideas How to proceed further?

 
phoebe July 21, 2009 Reply

hi sandhya

My paper got denied before, dont wait for anything like go for appeal for your case…just apply again.

 
Sandhya July 21, 2009 Reply

Thanks Phoebe for the reply
Did you apply I140 through the same employer thoruhg which you got denied or you applied through a different employer

 
DANILO July 21, 2009 Reply

To all bloggers,

let us be
a peace loving bloggers

read the HOLLY BIBLE and HOLLY KORAN

read and understand and apply to our daily living

we are

PROFESSIONAL , if some one say something SATANIC and insulting to our race , religion , and the like

just pray for them.

GOD bless to all have peace.

 
dgd July 22, 2009 Reply

hello Sandhya, i can understand your situation perfectly well since this also happened to two of my classmates here in the US. One decided to go home and not wait for the appeal, one decided to stay and wait for his appeal. The biggest factor causing the I-140 to be denied is faulty filing by your sponsor or the legal people who is filing your papers. There are times when only the most minor things are filed wrong such as wrong dates or missing documents (like a photocopy of your passport or something like that). That's why it really matters who is filing your documents or your petition. Some lawyers just sign these papers without checking if everything is in order, their legal secretaries fills up these forms then gives them to the lawyer and they just sign it. Both my friends have this sad experience. The thing here now is that there is retrogression. I'm not sure that if you stay with your current sponsor or find another one you will retain your priority date like if your original I-140 was filed prior to retrogression. Better check with your lawyer or agency and also ask what was it that caused your I-140 to be denied in the first place.

I hope things clear up for you soon and just keep hoping for the best. Good luck and God bless!

 
dgd July 22, 2009 Reply

hello fellow bloggers, i reach out to those RNs who are in specialty areas with experience (the more years the better) ICU, PICU, NICU, dialysis, L&D, OR etc etc. My immigration lawyer says that there are 20,000 available H1B visas for the taking, if you are interested please email her at attybella@socal.rr.com. She can make arrangements for a webcam interview with her potential employers and if approved can get you here in the US for work by October, 2009. Good luck!

 
ar01ger July 23, 2009 Reply

Now Everybody can contact President Barack Obama on this website wwww.whitehouse.gov/contact/
and inform your problems and hazards

 
ar01ger July 23, 2009 Reply

Sorry website is
http://www.whitehouse.gov/contact/
make sure to contact president obama

 
Soleil July 24, 2009 Reply

Im a Registered Nurse with pending eb3 and currently approved h1b,for whichever route I may go just to get through, God I have it's the best one for me.Only thing Im sure of is that I wasted 4years waiting for my immigrant visa.God help me.

Best wishes to all my fellow RNs.

 
glen July 24, 2009 Reply

i am really, desperate to go, i've been waiting for 3yrs now, my priority date is oct 2006,I-140 approved april 2007, visa fee paid 2008…i'm hopeless..i've been here in the united kingdom for 7.5 years…i don't want to stay here 'til death…is there anything i can do? like having h1b visa instead of having immigrant

 
CJ July 24, 2009 Reply

To All Bloggers:
It is nice to hear you share experiences which relate to our common subject matter; some helpful and some enlightenning.
However, please continue to respect yourselves as a wonderful gift of the almighty. We all have weaknesses, but focus on your strengths because that is all that we need. Share and share the gifts…be guided by your conscience………….

 
harry July 25, 2009 Reply

to glen:
ur lucky ur in the united kingdom earning euros, at least in some way u wer able to provide needs of ur family unlike us wer stucked here in the philippines due to retrogression.

 
harry July 25, 2009 Reply

ur still lucky glen, im one of those u.s bound nurses who are stucked by retro, my pdate is april 2006 and currently working as a cabin crew for well known middle east based airline and right now,the company is facing a lot of problem because of worlwide econo prob, some of my co cabin crew wer sent home bacause of job cutting and im afraid, soon i will also be send home….god!

 
ar01ger July 25, 2009 Reply

Those who are waiting to lift retrogression, why you people not contacting barack obama, anybody can contact him from anywhere in the world, even you can write letters to him, tell him if he don't want to import nurses from countries like India, China and Philippines, ask him why still US is conducting Exams like CGFNS, NCLEX outside USA and taking money from poor people,tell him we are qualified to work in America and have already undergone many exams like CGFNS, NCLEX and IELTS. Please make him aware of this situation and ask him to help pass legislation to release unused Visas
His Site is http://www.whitehouse.gov/contact/

 
Retne July 25, 2009 Reply

hi glen,
we almost have the same feeling about the never ending retro..my PD is october2005 and no one knows when it will be current.i have finally made up my mind to apply for an H1B visa and thank God I got an approval.If things go well I may leave for US come October.God willing.Im still thinking about my eb3 and whether I let go of it,but I hope things fall into place and that I have made the right decision.
Find a good attorney to discuss with you bout your options.Things are only a matter of case to case basis,dont think that just because things havent been good for others in the US doesnt mean you will have to go through the same dilemma.
best thing to do if youre thinking about applying for h1b find yourself a good attorney and a stable/truthful sponsor and talk about your options.it will save you from trouble.Goodluck…and Pray for guidance.God bless!

 
ar01ger July 25, 2009 Reply

In an H1B Visa, going to America is foolishness if you have a Nursing Job in MiddleEast or UK.
Now, the Conditions are very bad in America due to recession, H1B Visa, they won't pay well and your spouse won't be able to work and you have to pay more taxes other than EB3 Immigrant moreover travel restrictions, medical cost and children schooling etc.

 
glen July 25, 2009 Reply

thank you very much for all your concerns, i know it's really hard to wait for "nothing" i should say..but, i'm still hoping someday this come to an end…i believed that there's a light at the end of the tunnel.

 
kochu July 25, 2009 Reply

to okray ,

i am a nurse working in middle east ,i have so many collegues from philippines ,some of them are good ,able to manage english , but not all ,speaking very nicely and escaping from work is also their smartness , don't think you are something special, whatever it is english is not our native language , we are speaking other 4 languages easily, any of englsh people or others can handle our languages .

when you will live in english country for some years ,automatically you will learn their accent

 
glen July 26, 2009 Reply

I don't know about the truth of working under H1B in the US while waiting for Retrogression. I was thinking if i could go ahead,it is a risk for me, but being a british citizen i can always go back to the UK no problem.

 
Ramzenger July 26, 2009 Reply

to Glen:

If you are in conundrum whether to get an H1b visa and you are concern with your EB3 that might be affected, go ahead, get the H1B. filling for H1B does not affect your eb3, in fact it will be to your advantage. Since after 3 years holding H1B, you can AOS to EB3, if it becomes current. But consult your lawyer. I think 3 years from now when the SENSRA or the super emergency nursing supply relief act of 2012 will become into law then you are ahead of us. They say; misery loves company, But i guess, we are more miserable than you are ( i just assumed that because you said you are desperate to go to the US in your blog). so dont be us, grab that opportunity!

remember that a bird in hand is worth a thousand in the bush.

i dont understand about travel restrictions, probably if you will go to other countries or cruise to Alaska, yes, but you have British citizenship, then that is not a problem. I understand your situation in UK, everything is expensive and here you dont have to ride a ferry to go to France or Holland to buy things. Groceries is not that expensive, if you know how to budget and you can cook yourself, $150 a month budget for yourself and maybe another $150 for your family is more than enough and if you are thrift like me, I wait after 9 pm before I go to Walmart so that i can have their 50% discount on bread and dairy products. and half day of your work is enough to pay your monthly amortization for your hyundai suv, that is; if you like hyundai? And buy your meat and frozen pizza at Cosco. it is not pound that you are earning but I can assure you, your dollar will go a long long way but i assumed you know that already, you just need more opinions of which is the better option.

Get it! Goodluck, while we whine in our miserable situation.

 
Ramzenger July 26, 2009 Reply

to Glen:

If you are in conundrum whether to get an H1b visa and you are concern with your EB3 that might be affected, go ahead, get the H1B. filling for H1B does not affect your eb3, in fact it will be to your advantage. Since after 3 years holding H1B, you can AOS to EB3, if it becomes current. But consult your lawyer. I think 3 years from now when the SENSRA or the super emergency nursing supply relief act of 2012 will become into law then you are ahead of us. They say; misery loves company, But i guess, we are more miserable than you are ( i just assumed that because you said you are desperate to go to the US in your blog). so dont be us, grab that opportunity!

remember that a bird in hand is worth a thousand in the bush.

i dont understand about travel restrictions, probably if you will go to other countries or cruise to Alaska, yes, but you have British citizenship, then that is not a problem. I understand your situation in UK, everything is expensive and here you dont have to ride a ferry to go to France or Holland to buy things. Groceries is not that expensive, if you know how to budget and you can cook yourself, $150 a month budget for yourself and maybe another $150 for your family is more than enough and if you are thrift like me, I wait after 9 pm before I go to Walmart so that i can have their 50% discount on bread and dairy products. and half day of your work is enough to pay your monthly amortization for your hyundai suv, that is; if you like hyundai? And buy your meat and frozen pizza at Cosco. it is not pound that you are earning but I can assure you, your dollar will go a long long way but i assumed you know that already, you just need more opinions of which is the better option.

Get it! Goodluck, while we whine in our miserable situation.

 
EICHSTAT July 27, 2009 Reply

@ Glen,

you can file for an h1b while u have eb3 pending.it's called dual intent.first you must meet the guidelines required by the USCIS to qualify for an h1b,most specifically,a specialty occupation.

Note: Some registered nurses who have advanced practice certifications, management skills, or practice in a nursing specialty area may be able to enter the U.S. on the H1B Visa.

Three Categories Possibly Qualifying for H1B

1) Certain types of RNs may meet these requisite qualifications for the H1B visa. The first category of nurses who generally will be approved is the certified advanced practice registered nurse (APRN) category.
# clinical nurse specialists (CNSs)

# certified registered nurse anesthetist (CRNAs)

# certified nurse-midwives (CNMs)

# certified nurse practitioners (NPs) fall within this category.

If an APRN position requires the employee to be certified in that practice, the nurse must possess an RN, at least a Bachelor of Science in Nursing, and some additional, graduate-level education. CNSs include Acute Care, Adult, Critical Care, Gerontological, Family, Hospice, Palliative Care, Neonatal, Pediatric, Psychiatric and Mental Health-Adult, Psychiatric and Mental Health-Child, and Women's Health nurses. NPs include Acute Care, Adult, Family, Gerontological, Pediatric, Psychiatric & Mental Health, Neonatal, and Women's Health nurses.

2) The second category of nurses who may qualify for the H1B are those in administrative positions requiring graduate degrees in fields such as nursing or health administration.

3) A final, more subjective group that may receive H1B approval includes those who have a nursing specialty such as critical care and peri-operative nurses, or who have passed examinations based on clinical experience in school health, occupational health, rehabilitation nursing, emergency room nursing, critical care, operating room, oncology, and pediatrics, but who are not APRNs. In these cases, the petitioner must show that the nature of the particular position is so specialized and complex that one would normally expect the person performing the duties to have attained a bachelor's (or higher) degree, or its equivalent.

***I hope this helps.If you fall under those category then you may find a sponsor that may be willing to file an h1b on ur behalf.

On a personal note,I am also an RN with eb3 pending.I had my credentials evaluated to see if I qualify for H1B and thank God I do.I was filed on April and got my approval by June.

RNs may find it difficult to obtain H1B visa but if you do qualify then there shouldnt be any problem.H1B can be extended for upto 6 years,but you can probably opt for an adjustment of status once it become current.I suggest you find an atty/sponsor to credentials/evaluate your qualifications to start with.When approved you can relocate in the US in 4-5mos.Goodluck!

 
pious July 27, 2009 Reply

Bullsheet bloggers

not for all

some people always using 'I' and 'you 'words…instead of bullsheet…

so be practical ..
thanks for all

 
glen July 27, 2009 Reply

thank you very much for all your explanations, i think i do qualified for H1B, I have my BSN degree, though I only have 12 years experience in operating room settings. I usually do general and vascular surgeries.

my agency is base in London, and they just only do eb3 for nurses to US. If i gonna apply again to get H1B thru another agency and find a hospital for me to petition do you think it's not gonna be complicated? Obviously, i already got the hospital who sponsored me on my greencard.

 
violet July 27, 2009 Reply

anybody here know an agency in the philippines that sponsors h1b visa without no placement fees?thank you

 
dgd July 28, 2009 Reply

hello violet, what i know is edistaffbuilders.com but that's for canada, my 2 classmates from San Beda nursing are there in canada now and the agency paid for everything. They just took the nursing exam for Saskatchewan (a province in Canada) and they passed. It's not a working visa there but a canadian immigrant visa. After working there for 2 yrs you are now eligible to apply for canadian immigrant visa, makes me think I'm in the wrong country. I have been here in the US since June 2006 and still no greencard. I might be here working as an RN on the strength of my EAD and an approved I-140 but still no greencard due to retrogression and therefore there is still this possibility that I might, by some unfortunate turn of events, be sent home once Obama's government says "we don't need foreign nurses anymore". If you want, email my immigration lawyer attybella@socal.rr.com she's Filipina and will soon have a seminar there in Manila and Cebu to talk about H1B. The only thing with H1B you must have a specialty like ICU, OR, dialysis, etc. Good luck I hope I'm able to help you. God bless!

 
violet July 28, 2009 Reply

thank you so much dgd.i,m contemplating to apply at USA coz i have an ongoing immigrant petition and my priority date is Oct 2006. if i apply for US it would be easy for me to apply for another immigrant visa perhaps.i haven't think of applying for canada coz my ieltz already expired.but i'l think about that possibility.but you know what i have second thoughts of applying coz maybe retrogression will lift anytime.i might have conflicts with 2 agencies.i,m kinda confused coz some told me not to apply just to wait for my interview coz my case is already completed.thank you very much.

 
Ramzenger July 28, 2009 Reply

Hi DGD: maybe you want my unsolicited opinion but maybe not.

The Canadian Consular Office in San Francisco, maybe they can help.Just google it and I assumed your in CA.

I have an acquaintance whom I met while taking the IELTS in San Francisco last year, he is on Employment Authority Document as well. He later learned that he can not AOS because, he filed his I-539 and I-140 concurrently but that he can not adjust so (no visascreen during the filling), he contacted the Canadian Embassy because they advertised in the San Francisco Chronicle about people who would like to Canada in his situation (I think, I saw the advertisement and it was really enticing people like you to go to Canada, maybe they should have put a caption on it: dont be stupid working in this country, if your papers is in dis array go to Canada…) He is in Canada together with his families.

And just recently the USCIS estimated that maybe around 15,000 individuals that can not AOS.

And now the wall street journal just published an article about the seeming easing and even the ending of the nursing shortage because of the recession.

Just a thought but maybe not necessarily.

How is your I-539?

 
JEV July 28, 2009 Reply

To Okray,

" In this way, you will be competent AND LESS DANGER to yourself and the public at large "

This is a sentence from one of your posts, pls correct yourself

 
chyme July 28, 2009 Reply

Phil. Pres. Arroyo will meet US Pres. Obama…

Senate Minority Leader Aquilino Q. Pimentel Jr. asked President Gloria Macapagal Arroyo to get from Obama "a reasonable yearly quota of the estimated 1 million nurses that the US would reportedly need by 2021."

link: http://www.gmanews.tv/story/168429/Pimentel-gives-Arroyo-wish-list-in-meeting-with-Obama

 
Blake July 28, 2009 Reply

GUYS
DON'T BELIVE WHAT dgd SAYING. SHE IS SUCH A LIER.SHE KNEW WHAT SHE IS DOING WHEN SHE CAME TO AMERICA. NOW SHE IS PROCLAIMING SHE IS STUCK IN THE MIDDLE. HONESTLY SHE IS NOT. LOOK SHE CAME ON A B1/B2 VISA IN 2006 AND FILE I140 ALONG WITH I485,EVENTUALLY STARTED TO GET EAD WHICH IS GOOD FOR WORK AND IMMIGRATION STATUS.SHE CAN USE TRAVEL DOCUMENT TO GO TO HER HOME COUNTRY FOR VACATION OR WHAT EVER.SHE WILL CONTINUE TO GET HER EAD UNTIL SHE GET HER (GC).SHE IS KEEP BLOGING SHE IS STILL
FRUSTRATE OR PANIC BECAUSE THIS ADMINISTRATION MAY SEND HER HOME.WE ALL KNOW THAT IS NOT GOING TO HAPPEN PERIOD.
BROTHERS&SISTERS…PEOPLE LIKE DGD IS NOT TRUST WORTHY.HER BLOGS SEEMS LIKE SHE WANNA HELP LOT OF PEOPLE.BE CAREFULL U GUYS..SHE IS WORKING AND MAKING MONEY AND TRYING TO MAKE OTHERS FEELS LIKE SHE IS NOT HAPPY AT ALL BECAUSE SHE MADE A WRONG DECESION TO BE IN AMERICA…..IS IN THAT FUNNY…..

 
dgd July 28, 2009 Reply

hello blake,

I am so sorry my blog has caused such an uproar on your emotions but there are truths to what you have said like feeling frustrated but i will have to contradict you on calling or labeling me as a liar. I may have done some little white lies when I was a little girl but not a truly big LIAR to the point of misleading anyone or get someone in trouble. The only thing you have to know about America is that they too can change their tune, song, rules whenever and however they choose so that is the reason why I am still frustrated. True, there is a travel document but for a price of $340 valid for 1 year and events have happened in my life that well, have made me decide not to use it. I am making a decent living right now but do you know that feeling of being incomplete? Meaning your documents are not all there and anything can still change? That is what I am feeling. If I made you feel like I'm just griping while making a decent living I am truly sorry. I am so sorry I have caused such an upheaval in your emotions I hope you're alright now and please accept my heartfelt apology. From now on I will be more careful with my feelings but whether you believe me or not I really just want to help people realize their dreams whether they end up in the US, Canada, Middle East, Australia, New Zealand, London, or Ireland. Whatever little information I know or some good news that I run into I will make sure to share it. Please don't be angry too much my intentions have always been for everyone's benefit. I am not angry at you but thankful that you told me that I can illicit such a powerful reaction from my blog that in the future I should be careful of.

Good luck to you also and may your plans come to fruition soon, God bless.

PS thank you for your reassurance that my EAD will just keep on being renewed, it's up for renewal on 2010. Hope we can be blog friends? Peace.

 
dgd July 28, 2009 Reply

hello Ramzengger,

thanks for the tip, I'll look it up and discuss this with my husband. He's arriving this august from abu dhabi to visit me. What's the I-539? Regarding my I-485 well, the last letter I got said "awaiting visa availability" that was, well, as we can all guess, last year July 2008. Yes I am in Los Angeles California. I hope this blog doesn't offend anyone.

 
dgd July 28, 2009 Reply

hi violet,

Oh in that case then go with your gut feeling. It might get confusing as you said but at least you have options to think about. I think I would be in the same situation too, do I switch now if there is an opportunity or just wait it out like you said. Anyway, good luck, God knows what's in our hearts.

 
Blake July 28, 2009 Reply

Dgd
FIRST OF ALL I REALLY DONT CARE ABOUT THE MONEY U MAKE WHICH IS DECENT OR;;;;. I AM NOT ANGRY EITHER. DON'T GET ME WRONG. THIS IS UR SECOND EAD RIGHT? AND UR CONFIDENT U WILL GET ANOTHER ONE BEFORE THIS ONE GOING TO EXPIRE IN 2010. YOU SAID IN UR PREVIOUS BLOG U GOT APPROVED I140 BUT U NEVER SAID ANYTING ABOUT I485 AND TRAVEL DOCUMENT,WHY NOT? THIS IS DOUBLE STANDARD….THAT'S WHAT I SAID DONT LISTERN U…I KNOW UR FAMILY IS OUT SIDE OF AMERICA. BUT U WELL AWARE THAT HOW THAT HAPPEND…ANY WAY I JUST READ UR
BLOG TO RAMZENGER, UR FAMILY IS COMING TO VISIT U…THAT IS GREAT NEWS….MAY GOD BLESS YOU…

 
AlreadyHere July 28, 2009 Reply

To ar01ger: The reason people get discouraged is because of unfounded rumors that get repeated over and over that people eventually believe them as true. I'm a therapist on an H1B visa, as most of the people from my class are who came here. The blog above has so many fallacies, it's so hard to believe that in a time that internet is at the tip of our fingers and calling halfway across the globe is as cheap as coffee, a person can still be so misinformed as to spread erroneous gospel like this.

First fallacy: you'll be paying more taxes if you're on an H1B. WRONG. You pay the same as any immigrant or citizen, BASED on your TAX BRACKET. You may actually pay less because your spouse (if on an H4) can't work, so you can claim her as a dependent. Most of my classmates have non-therapist spouses, and so far, everyone's more than fine. I was even able to get a second H1B sponsor to do per diem work in another facility. Pure per diem. I can go when I need hours for extra money and refuse if I don't want to. They paid for all the paperwork. They pay $10-15/hr more than my full-time rate, as they don't pay for medical benefits as I'm fully benefited from my full-time gig.

And trust me, on a therapist's salary, you will be ALRIGHT FINANCIALLY (believe me, I'm in California, probably one of the most expensive states to live in). Even if your spouse does not work. Unless you buy two BMWs and start being a regular shopper at Neimann Marcus. Pay range is "usually" $28-45/hr. I say "usually" because you can always bargain. If you're good at bargaining, you are looking at 40+/hr on your second year (if your employer follows all DOL laws and mandates, so the secret is to find a good, legal employer). According to DOL, even if you're on an H1B, you're entitled to the same pay rate as a citizen or immigrant therapist if you have the same work experience and educational attainment. It's a form of discrimination if they use the reason that since you're on an H1B, then they can't raise your rate. But your employer is not responsible to inform you of this, so it is your responsibility to know your rights.

Second fallacy: travel restrictions. PARTLY WRONG. I say "partly", because, as long as your H1B is valid, then you can come and go as you please provided you have valid employment at the time you travel. If your H1B expires, you can still travel, although YOU HAVE TO GO TO A US EMBASSY outside of the US (in your home country or in the country you're traveling to) to get re-stamped for an H1B, so YOU HAVE TO INFORM your employer before you travel if your H1B is expiring. Most if not all the time, if all the paperwork is in order, you will always get re-stamped. The worst case scenario is the consul will ask you to return with more documentation (which your employer can always provide). So AGAIN, get a good employer, as I mentioned above. The only time you can't travel or you can travel only in extreme situations (death in the family, your own wedding), is when you have filed for adjustment of status already. As mentioned, you can always apply for a parole visa in these extreme situations.

Third fallacy: Medical cost is higher/more restricted. WRONG. It is your employer's responsibility to provide you with some form of healthcare benefit. You will of course have a monthly share in it, and there is no guarantee about the ratio for sharing the expense. But most healthcare companies provide good healthcare benefits. So AGAIN, get a good employer. AND AGAIN, you will be paying the same amount as your citizen or immigrant co-workers, nothing extra because you're on H1B. Again, that is discrimination.

Fourth fallacy: Children's schooling is restricted. WRONG. You can send your child to school in the district you belong to or to a private school. Your kids are entitled to the same education as citizens and immigrants. Even illegals are entitled to schooling here.

So in a day of internet and IP phones and twitter and blogs and global law offices, you are RESPONSIBLE in getting the right information. DO NOT BE MISINFORMED.

 
FBA July 28, 2009 Reply

To dgd,

Thank you for the email add of atty bella. She respond to my questions which I have to sort it out with my current agency.

 
Ramzenger July 29, 2009 Reply

To DGD:

Blake is just passionate.

With regards to your situation, I dont think that you have the same path as with the person that I blogged about. He used I-539 with I-140 and I dont even understand that, because, it should be I-140 and I-485. And for a while, he did not get his GC yet, and then he got this notice that his AOS has not been approved. And the thing was, I know somebody from NV, filed for AOS last June 2007, got their GC last November 2008. so maybe I thought, you have the same situation as with the former.Well, immigration matters is more complicated than Burns. So, anyway, maybe your GC is on the way and I hope that you will get it soon. Pakain naman pag dumating na, kahit sa blue moon lang.

To Chyme: i am about to blog about our anecdotal and vagarious situations.And i think, its really a big joke to us but men, its really disappointing and to be honest really get the best out of us. First, they say that, nursing shortage will be severe by 2010, then 2014 and yes recently, a lot of people and organizations are saying that the nursing shortage will be severe by 2020 or 2021.

Then by the year 2018, they will say or announce to the whole world again that they will be expecting a severe nursing shortage by 2030 or 2040. Maybe somebody is playing with us? It might be a conspiracy that these people will benefit if they will say these things and left us holding the bag? I dont know about you guys, but try to analyze these things. Maybe a lot of people are getting richer, buying yachts, mansions and big deposit in swiss accounts because they benefit to these speculations and when the time comes they will just announce or move another 4 or 10 years about the expected nursing shortage?

The next question, what do we do about this situation?

One blogger said that we should write Obama. Well, he is the President that just called the Cambridge Police stupid because his professor friend has been arrested by the former. He is more bias than i thought and a he is a big friend of the ANA. Goodluck on that.

Seriously, we have to find a solution to this situation of ours. And please to those about to take NCLEX-RN, about to file a petition, try to hold on to your money and maybe a better options is waiting for you and not United States of America. What is happening right now, is, somebody is acting like madoff and then what, you left in the cold, crying, frustrated, feel cheated and the worst thing you can not go to anybody to complain.

Think about that? But this time we just dont to think, we need to act! Any concrete suggestions?

 
Ramzenger July 29, 2009 Reply

To DGD:

Blake is just passionate.

With regards to your situation, I dont think that you have the same path as with the person that I blogged about. He used I-539 with I-140 and I dont even understand that, because, it should be I-140 and I-485. And for a while, he did not get his GC yet, and then he got this notice that his AOS has not been approved. And the thing was, I know somebody from NV, filed for AOS last June 2007, got their GC last November 2008. so maybe I thought, you have the same situation as with the former.Well, immigration matters is more complicated than Burns. So, anyway, maybe your GC is on the way and I hope that you will get it soon. Pakain naman pag dumating na, kahit sa blue moon lang.

To Chyme: i am about to blog about our anecdotal and vagarious situations.And i think, its really a big joke to us but men, its really disappointing and to be honest really get the best out of us. First, they say that, nursing shortage will be severe by 2010, then 2014 and yes recently, a lot of people and organizations are saying that the nursing shortage will be severe by 2020 or 2021.

Then by the year 2018, they will say or announce to the whole world again that they will be expecting a severe nursing shortage by 2030 or 2040. Maybe somebody is playing with us? It might be a conspiracy that these people will benefit if they will say these things and left us holding the bag? I dont know about you guys, but try to analyze these things. Maybe a lot of people are getting richer, buying yachts, mansions and big deposit in swiss accounts because they benefit to these speculations and when the time comes they will just announce or move another 4 or 10 years about the expected nursing shortage?

The next question, what do we do about this situation?

One blogger said that we should write Obama. Well, he is the President that just called the Cambridge Police stupid because his professor friend has been arrested by the former. He is more bias than i thought and a he is a big friend of the ANA. Goodluck on that.

Seriously, we have to find a solution to this situation of ours. And please to those about to take NCLEX-RN, about to file a petition, try to hold on to your money and maybe a better options is waiting for you and not United States of America. What is happening right now, is, somebody is acting like madoff and then what, you left in the cold, crying, frustrated, feel cheated and the worst thing you can not go to anybody to complain.

Think about that? But this time we just dont to think, we need to act! Any concrete suggestions?

 
Ramzenger July 29, 2009 Reply

I dont know why I have 2 entries instead of just one.

 
DANILO July 30, 2009 Reply

How much worse, you ask?

Because the Labor Department has cleared its backlog of old cases, during the past year the USCIS processed many thousands of I-140 visa petitions with priority dates prior to 2005. Mr. Oppenheim states that because of this,

the worldwide EB-3

cut-off date will be

March 1, 2003

come October 1st.

Things will be worse for those born in India where the EB-3 cut-off date

will be

November
1,
2001.

Grim Outlook for Employment-Based Visa Numbers

http://shusterman.com/siu.html#2

Charles Oppenheim, the Guru of the Visa Office in the State Department,

 
aju August 4, 2009 Reply

Dear Hammond Law Grop,

Is there any news on newly introduced Bill HR 2536 ? What is the current status of this Bill ? Any hope of passing it in near future ? Please reply !

 
shalu August 4, 2009 Reply

Senate passes nursing bill with amendments

http://www.saipantribune.com/newsstory.aspx?cat=1&newsID=92294

 
dost August 4, 2009 Reply

Does the Health Reform Bill mentioned in this news item has anything for the Immigration of Nurses, I mean the retrogression of EB3 category
http://www.washingtontimes.com/news/2009/aug/04/no-summer-recess-from-overhaul-debate/comments/

 
JOSHUA August 10, 2009 Reply

HI, am through with bacheor's in Physiotherapy and have 9 years experience. How do i apply to get a work permit in the US?

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