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The visa category H1C Nursing Relief for Disadvantaged Areas has expired june 13, 2005. Was it renewed again?


I am being hired by an agency under this visa & they claim that it will only take 3-4 months to process. Can I convert it to an EB3 later on? I believe that after the 3 yrs is over, I cannot renew an H1C status. If I can convert it to EB3, can I do this before the 3 years is over or whenever the retrogression is lifted? I have a pending EB3 and I want to know if it's worth abandoning it in exchange of an H1C visa.. I'm thinking, there's a retrogression anyway... maybe I can just change my status later on.

The H-1C category applies to an alien coming temporarily to perform services as a registered nurse in a health professional shortage area as determined by the United States Department of Labor. Only 500 nurses can be granted H-1C status in a fiscal year nationally. There are also numerical limitations for each state based on the state鈥檚 population. The cap for states with populations in excess of 9 million is 50 per fiscal year. The cap on states with populations of 9 million or less is 25 per fiscal year.
Period of Admission
The maximum period of admission for an H-1C alien is three years. An alien may receive an extension of stay to complete the 3-year period of admission. However, an extension of stay may not be granted to extend the alien鈥檚 period of admission beyond the initial 3-year period of time.
The I-140EB3 is an appeal from a denial of an application. Only the person that submitted the original application or petition may file the appeal. The petitioner alone has standing to appeal the denial of a visa petition. The beneficiary of a visa petition may not appeal the decision. For instance, if a United States employer petitioned for an immigrant visa for an employee living abroad, only the United States employer may appeal the denial. The employee living abroad may not appeal the denial. Did you have a petition denied?
If your H1C gets approved, I would take it and start working.

The person appealing the decision may be represented by an attorney or representative. If the petitioner is represented, the appeal must be accompanied by a properly executed Form G-28 (Notice of Entry or Appearance as Attorney or Representative). The Form G-28 must be signed by both the attorney or representative and the person who filed the original petition or application.

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