Employment Based Green Cards

Priority date retrogression -- consequences and concerns (Updated 10 April 2012)

The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.

Q. What happens if my priority date ('PD') retrogresses while my I-485 is still pending?

VisaScreen

"Yes. Although your professional education was completed in the United States, the purpose of the VisaScreen®: Visa Credentials Assessment is to provide a screening program which meets all federal requirements for international health care professionals seeking an occupational visa in the United States, irrespective of where the professional education was completed. However, there is a streamlined process for foreign-born health care professionals educated in the United States." From CGFNS.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Green Card for RN

It will not speed things up, but filing for Adjustment of Status (which is available only to folks who are already in USA), makes it possible to continue to stay in USA while the green card process is in the works.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Important updates for business and employment-based immigration

In a welcome move, US government is showing some understanding of the economic benefits of business and employment-based immigration.
Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas have outlined a series of policy, operational, and outreach efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment.

EB-3 category

It is possible, but the green card will have to be started again from PERM.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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I got my BSN in the US

Your employer's role in this process is limited. You can pay for all expenses yourself. The length of the process is determined by the country of birth.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Job Change after I-140

It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Visa Retrogression - Nurses

An F-1 student could apply, but will not get the green card right away. I cannot provide a list of hospitals that we work with. That would be a breach of confidentiality in my view. Nurses typically use H-1B, H-1C, H-2B and TN visas.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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