OPT to EAD

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Hi Dear,

I think I am in trouble. I did my nursing studies in USA-maryland and got associate degree in nursing. I passed my NCLEX-RN and got Maryland licence. I moved to Virginia and tranfered my licence to Virginia's RN licence. Originally i held indian citizenship. Right now I am on OPT. My OPT exppires in february 2008. I am working in a hospital which is able to help me with my greencard papers, but right now i can not file for 485 so i do not know what is next step for me. I do need to apply for visa screen certificate but what about I- 140? Will I be able to get EAD through I- 140? Can i even apply for I -140? I am so confuse and do not know what to do untill i hear about retroggresion.My husband is on H1- B visa ,can he apply for I- 140? Please help me with this question. I really appriciate your time.

Sure you can. You need to go thru the process required.

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I am not sure that retrogression is lifted or not? In my case where I am on OPT, can I file for I-140 and 485 together this week? My visa screen certificate is in progress. My husband is on H1 visa, can he apply with me? I have a associate degree.

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You cannot do a thing this week, those dates of things being current is not until the first of July. No petitions can be submitted and accepted before that date.

Since you have been in the US and in school, you meet the requirements of having been here long enough. So yes, the day that the petitions are accepted, you can have your attorney submit your petition. And yes, your spouse can be included if they are here in the US with you.

The retrogression is not lifted, this is just a little open window of opportunity. But it is best to check with the attorney that would be doing your petitions to see if they can get them ready in a short time, if they have not started working on them.

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So it means that they will accept petition filed in that week. Is that right? Until that time I can give my all required paper to my lawyer and then it would be ready by July 1st. So if we file in July is that possible to get I -140 approved and then we can atleast get our EAD?

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when we file our i-140 and 485 together, which categories can we file under.. is it schedule a nurse category? what i want to find out is when my lawyer will file my application what makes it special case for nursing...? how uscis differentiate that this application is for schedule a nursing class...is it based on education or is there different form for i -140 or 485 for nurses.

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Specializes in Medical and general practice now LTC.
when we file our i-140 and 485 together, which categories can we file under.. is it schedule a nurse category? what i want to find out is when my lawyer will file my application what makes it special case for nursing...? how uscis differentiate that this application is for schedule a nursing class...is it based on education or is there different form for i -140 or 485 for nurses.

scedule a no longer exsists, when retrogression started i think it was nov that the scedule was removed. all nurses come in under e3 unless they have some major qualification and then they can meet e2 requirements

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I am going to apply for my I-140 ,485,EAD and advanse parole coming week. I had everything ready except my visascreen certificate. I have done my associate degree in USA. I sent my initial letter from CGFNS to lawyer just to let them know that i have applied for visascreen. Do i get EAD approved if I dont get my visascreen in few weeks? I know 485 will not be approved without visascreen but EAD? I have my OPT only until february 2008.

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The I-140 does not give the EAD, only the I-485 along with the petition for the EAD will get you that. The I-485 approval has nothing to do with getting the EAD. That you attended school in the US waives your English requirements, and that is what they are usually looking for. There have been many in the past that could not pass the English exams.

Please check out the other threads about the retrogression. If your papers are not at the immigration office first thing Monday morning, you are going to have almost no chance of getting it accepted by them.

Think of the line that you saw the other day for the I-Phone. Many, many more available then visas, and they were gone as well in just a few hours. Same thing happened with the H1-B visas in April.

"This week" is not going to get thru, only chance is if the courier is in line when they open on Monday morning.

And as mentioned above, there has not been a Schedule A in the Visa Bulletin since the February issue came out in January. There is no special category for nurses at this time. This is why it is going to be very hard to have your petitions submitted this week. And what we are hearing now is that they want the medical exam report submitted with the I-140 in the US now. Do you in fact have that done? There are no special categories for nurses, you are together with the other hundreds of thousands that are in the US on the H1-B and are waiting for this as well.

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