Need your Best Advice with our case.. Big Problem in regards with our application.

[Jay86]

Hi All,

This is my first post on this website and I’m looking for some advice on my case below. A little about me, I came to the US in 2005 to do my undergraduate degree. My mother is a nurse and currently works in Saudi Arabia (Indian Nationality). In 2007, I convinced my mom to apply for Green Card processing through EB-3 Schedule A. She took the RN exam and IELTS and cleared both with a good score. After this was done, I helped her in applying for her CGFNS and also got her registered in NY as a Registered Nurse. Now she was ready for applying for an I-140 and we decided to go with a company named ********* Staffing in Hempstead, NY. This company applied for an I-140 and we got it approved in FEB 2007 (Priority date). I also have a copy of the I-140 approval.

Then she asked us to pay her for I-485 etc and we did so only to find out after a couple of months retrogression was declared and all nursing visa’s were routed through EB-3 regular cap. According to our sponsor, she said that we are currently in the last stage of consular processing and as soon as retrogression is either lifted or a provision for Schedule A gets added, my parents along with the kids below 21 can come here within a couple of months.

Now here is the BIG bummer. I received the below email from ******* Staffing last weekend and I’m pasting the same email as it is. Someone pls tell me we just didn’t get scammed here and now they want us to pay for refilling the case again. Is this something that sponsors can do legally in the US. What about all the fees we paid?? Now she is also saying that if we don’t refile the case we will lose the I-140 priority date also. It feels like all these years of hard work just went down in the drain. It has always been my parents dream to come to the US and I’m really skeptical about refilling the case.

I need you guys to please help me in this situation. Please advice and guide me with the below.

**************************************************

Hi Jancy (and Jasen),

Jancy, the 1st part of the Emergency Nursing Relief act was addressed on March 16, 2011, the attached notice is the statement made by USCIS regarding the H-1 visa for nurses.

Jancy, you do not qualify for the H-1b, you must have a 4-year degree, ïŒ I am sorry.

We have a much bigger problem though and I was preparing my list of nurses that I need to email this weekend, you are 1 of them. ******* Hospital was acquired by the ******* Health System last fall. We have received official notification form ****** that they will NOT provide the final offer of employment letter that is required for the embassy interview (for the last stage of the green card processing).

You have a priority date on your approved case of February 2007. My 2005 and 2006 nurses are all at the end stage. If you want to keep this priority date, I need to re-file the case – promptly. Your new sponsor is a well established staffing firm, privately owned here on Long Island – I have known the owners and continue to do work for them since 1999. They are not going anywhere.

I am sorry to be the bearer of this bad news – but this is something I can do nothing about. The philosophy of foreign nurse recruitment held by the ******* health system is very different than that of most other hospitals and certainly I cannot force them to follow through on immigration petitions initiated by ******* Hospital.

The new filing fee is now $580.00, and the attorney will only charge $850.00 to re-do the case – of course all monies will be re-imbursed to you when you arrive.

If you wish to keep the 2007 priority date, let me know, we will get to work on re-filing immediately. If not, I will close the file, and if and when you do decide to start the process again, you will need to start fresh.

Warm Regards,

Angi

[This message was edited by Admin on May 12, 2011 at 08:17 AM.]

[Joe.F]

Please don't write an essay here. Nobody is going to spend the time to go through all that you wrote.

Summarize the essentials. And in particular, leave company names out. That's an irrelevant detail, and may get blocked out by the admin anyway, making it even harder to read.

[Jay86]

Originally posted by JoeF:

Please don't write an essay here. Nobody is going to spend the time to go through all that you wrote.

Summarize the essentials. And in particular, leave company names out. That's an irrelevant detail, and may get blocked out by the admin anyway, making it even harder to read.

Sorry, if my post was a little long. i just thought i should be more specific with the post.

Still looking for some advices.

[pontevecchio]

Basically the successor in interest has declined to continue the sponsorship. Your agent seems to have located another company willing to file the GC for your mom and the charges seem reasonable. The problem is EB3 for Indian born applicants is taking 10 years as of today. If she goes ahead with the new I-140 she is still looking at 5 years or more. You guys need to decide if it is worth waiting 5-6 more years depending on her present age and other plans.

[sid8uf]

I would advise you to contact the office of sheela murthy or another reputable lawyer promptly. A couple of 100 bucks should not be the reason you leave such an important case to a message board.

Btw I did read your complete message and it looks like this case needed to be spelt out in detail.

[Jay86]

Firstly, Thanks Pontevecchio for your advice. I would like to ask you if she goes ahead and reapplies our case, doesn't our priority date still remain the same? Feb 2007.

[pontevecchio]

Yes. But you would need to talk to the Lawyer.