Immigration News and Updates

suzanne4, RN · Mar 17, 2007

hi, i'm currently an associate degree nursing student in the u.s., boston... i am aware that schedule a visa is expired...and i am not in bachelor's degree status... I have a previous bachelor's degree in illustraion, art.... I am nervous about my current sitaution working in the u.s.... am i still possibly working in the u.s. and possibly get a permanent residency in the future??? thank you very much

There are no Schedule A visas available for anyone currently. Not sure when you are graduating from your program, but currently there is no way for you to work here after school unless you qualify for the OPT, and not sure if you used it with your previous degree. If so, then you will not have that available for you.

And the only visa that is available to you is the permanent residency. There are no temporary work permits for those that are RNs as they are usually fast-tracked with the green card. There are only a few special type of visas available and those are only valid if you are a citizen and hold a passport from one of those countries. e.g. Australia, Canada, Mexico. And those require that you have a Visa Screen Certificate in hand before you can even apply for them.

When are you actually graduating?

ryans · Mar 17, 2007

hi, i'm currently an associate degree nursing student in the u.s., boston... i am aware that schedule a visa is expired...and i am not in bachelor's degree status... I have a previous bachelor's degree in illustraion, art.... I am nervous about my current sitaution working in the u.s.... am i still possibly working in the u.s. and possibly get a permanent residency in the future??? thank you very much

Schedule A visa has not been expired, but its unavailable at this current time. Where did you get your Bachelor degree? If it is from US, did you use OPT which is granted after the completion of your degree? If you have not used OPT or have no BS degree from US, then after your AS degree completion you are entitled to get OPT - that will allow you to work full time once it gets approved. Once the retro gets lifted, your healthcare service will be able to apply your GC, check with them if you decide to join in your OPT after you get it.

davesunjanc · Mar 17, 2007

Thanks. according to the immigration law, I believe that you get a year opt when you recieve a new degree. I had a opt for my previous degree. anyway, ryan. what's GC?

I will graduate on Dec, 2008. Maybe, I should go for a bachelor's or master's degree in nursing after I graduate?

davesunjanc · Mar 17, 2007

by the way, I changed my screenname to davesunjanc

Silverdragon102, BSN · Mar 17, 2007

Thanks. according to the immigration law, I believe that you get a year opt when you recieve a new degree. I had a opt for my previous degree. anyway, ryan. what's GC?
I will graduate on Dec, 2008. Maybe, I should go for a bachelor's or master's degree in nursing after I graduate?

GC = green card. By dec 2008 hopefully issues with immigration will have been sorted and all you need to do is meet BON requirements get VS on passing NCLEX. I believe OPT can only be used once unless you go for something higher ie Masters

davesunjanc · Mar 17, 2007

thank you for the replies. very kind of you guys. I just found out that you can get OPT fo the associate degree as well as long as you are a full-time student for at least 2 years... so I will see how things will turn out before the end of year 2009, the end date of my possible opt.

suzanne4, RN · Mar 18, 2007

Thanks. according to the immigration law, I believe that you get a year opt when you recieve a new degree. I had a opt for my previous degree. anyway, ryan. what's GC?
I will graduate on Dec, 2008. Maybe, I should go for a bachelor's or master's degree in nursing after I graduate?

Not any new degree, it has to be more advanced than the first one. So if the person has used the OPT for a year after getting the BS degree in any field, then it is not available unless they are going on for a Master's degree. It cannot be used for another BS degree, or the Associate degree.

The GC is the green card. If you have used the OPT, you will not be able to use one as an RN. Only if you go for the MSN, no other degree below that. Please go back and research what you read. You can find details about all of the immigration rulings by actually going to the US State Dept website and checking on the specific visa along with OPT and CPT classifications.

suzanne4, RN · Mar 18, 2007

thank you for the replies. very kind of you guys. I just found out that you can get OPT fo the associate degree as well as long as you are a full-time student for at least 2 years... so I will see how things will turn out before the end of year 2009, the end date of my possible opt.

Not if you already have a Bachelors's degree and you have used the OPT already. You only get it once for each classification and it has to be a higher degree, not lower; or equal.

Please go back and read the specifics on this. Where ever you got your information from is incorrect.

lawrence01 · Mar 19, 2007

Immigrant advocates gear up

Wish list of reform measures includes path to legalization for most of the 11 million undocumented migrants in the U.S.

By Teresa Watanabe and Anna Gorman, Times Staff Writers

March 17, 2007

Determined to win reform legislation this year, California immigrant advocates and others are seeking to better coordinate their movement's efforts by launching a $4-million national lobbying campaign and a "unity blueprint" laying out their policy goals.

As Congress prepares to restart debate over immigration reform, the dual actions are aimed at seizing the political offensive and bridging internal differences among advocacy groups over such issues as a guest worker program.

Without unity, activists say, they could fail to win reform before the 2008 political campaign season gets in full gear and potentially jeopardizes their chance of success.

Pls click to read whole article:

http://www.latimes.com/news/local/la-me-immig17mar17,1,4362132.story?coll=la-headlines-california

lawrence01 · Mar 19, 2007

Immigration reform effort running on several tracks

House, Senate alliances change along with the strategies for a comprehensive bill

By MICHELLE MITTELSTADT

WASHINGTON-The wheels have come off the bipartisan House-Senate campaign to craft a sweeping overhaul of the nation's immigration laws, with key players splintering into different directions.

The Senate's lead immigration champion, Massachusetts Democrat Ted Kennedy, is moving in one direction; his House allies in another; and the White House is operating on a third track with Senate Republicans.

"There is an enormous amount of swirling energy and political effort going on. And inevitably in that sort of dance, you go forward, you go backward, you go sideways," said Tamar Jacoby, a Manhattan Institute immigration-policy expert close to the White House and Republican lawmakers.

"It's way too soon to be talking about setbacks."

Though the policymakers acknowledge their strategies have changed, they say they remain optimistic about getting a comprehensive immigration bill through Congress this year.

Pls. click to read whole article:

http://www.chron.com/disp/story.mpl/nation/4635621.html

chris_NC0112 · Mar 19, 2007

anybody can comment on this:

h-1b “deadline” for 2007/2008

posted on: 3/15/2007

by attorneys robert l. reeves and joseph i. elias

the immigration community is bracing itself for a historical and unprecedented exhaustion of the h-1b cap. employers can petition h-1b workers for the october 1, 2007 start date beginning april 1, 2007. since april 1st is a sunday this year, applications will not be accepted until april 2, 2007.

the 65,000 visa numbers are expected to be exhausted within the first two weeks of april because demand is so high! this will have been the fastest the cap has ever been exhausted. petitioners cannot wait and must be ready to file on april 2nd in order to have a chance of obtaining an h-1b visa number.

bill gates recently testified at congressional hearings urging the cap be eliminated entirely and that an infinite number of h-1bs be available. sen. judd gregg (r-n.h.) said he "agreed 100 percent" that there shouldn't be a limit on the number of highly skilled people in the country, but he suggested congress might not be able to do more than double the quota.

until congress acts to increase the quota, employers and h-1b workers will have to scramble for the visa numbers as soon as they become available. the uscis has informed the public that it will not accept any applications received earlier that april 2, 2007 and reject those filed before the start date. this means people who planned on filing their petitions on friday, march 30, 2007 with the uscis to accept on saturday march 31, 2007, will have their cases rejected.

because the filing date is fast approaching, and the quota is expected to be reached in either the first or second week of availability, h-1b petition preparation should be in its final stages. those people looking for petitioners should intensify their job search right now to ensure sufficient time for an h-1b petition to be prepared for filing within the first week of april.

below are some frequently asked questions we have received about the h-1b cap.

what does it mean when the h-1b cap is reached?

this means that if an employer is petitioning to change your status to h-1b (for example from student or tourist status to h-1b), and the petition is received after the cap is met, the change of status cannot be granted.

if i get an october 1, 2007 start date will i be able to remain in the u.s. legally?

you will only be able to remain in the u.s. if the previous status you were admitted in was valid until october 1, 2007. for example if you entered as a tourist and your i-94 card said your status was valid until october 1, 2007 or later, you would be able to remain in the u.s. you will not be allowed to work until october 1, 2007 and only if you were granted a change of status as well.

for students who are changing status to h-1b, the situation may be different. in the past the legacy ins passed a regulation allowing students who just graduated to remain in the u.s. and start working on october 1. it is unknown if the uscis will provide the same benefit this time.

i am in h-1b status now and i have filed an extension or i will be filing an extension. will i be in danger of missing the cap? will i go out of status?

no. the h-1b cap only applies to new h-1b petitions. if an employee is already in h-1b status and is being petitioned by the same employer or even a new employer, that employee is not subject to the cap.

i am not in h-1b status now. there is an employer who is willing to sponsor me. what should i do with the cap end approaching?

you should begin processing the h-1b petition as soon as possible. the longer you delay, the closer you are to not getting a visa number.

those who require h-1b petitions must coordinate with their immigration lawyers right now to ensure that they are on track for an early filing. in all likelihood, there will be no opportunity for a late filing.

batasMTR_RN · Mar 19, 2007

Do you mean that NVC have to ask an additional skills checklist? Or NVC or US Congress should provide their own skills exam?
It may carry an immigration to the point of absurdity.
The truth is following: they are seeking cause to say "good-by" politely.
It is dishonestly: if you do not need foreigh nurses anymore you should say it clearly without any dodges.
Only employer has legal right to assess prospective candidates, and if employer agrees to sponsor foreign nurse, it is not the business of US authorities to put obstacles in the way of immigration.

i am torn between two concepts..

Nurses with skills (experience) and new nurses

i was new (inexperience nurse) when i can here.. only a little less than 7 months ago. I was affraid that i don't meet the expectation of my employer... they said, we will train you for 13 weeks and we will refreshed your theories with lectures... now i am practicing without my preceptor... i still feel i am not equipped...

PROBABLY, I KNOW THAT still, i am a novice... and will continue to be one... because i believe that learning is a continuous process.... i should never be lax but instead be on guard always...

so i don't support skills being tested buy other institution aside from the emloyer.... just my idea and opinion....