Re: Options for Indian Nurse to work/stay connected to nursing while in USA
If your husband was not already submitted for the AOS during the short open window in Summer of 2007, then there is nothing that is going to be able to do under this as well. The US actually did not have any visas available then, they had been used up by June, but were forced to accept the I-485 petitions then just during July/August and with strict requirements being met. There were just over 800,000 petitions submitted.
If you look at the Visa Bulletin that comes out every month, you will see that people with a birth country of India or China are actually retrogressed further back than others as there are already so many with pending petitions. Back about 6 years just for that as we speak.
Only thing that can get submitted at this time is the I-140 and this will not get you permission to work here. In order to get the EAD, the government must be accepting the I-485 and this is where your problem lies.
The above is for the green card.
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Next for the option of the H1-B in your case. First it is going to depend on where you are located, some areas have no H1-B visas that are used for nurses as a start. Next issue is with the sudden downturn in the economy right now, the facility would have to prove that they are unable to hire an American for the job. And this is going to be very hard for them to do.
In order to even be considered for this type of visa, you will need to pass the NCLEX exam, pass the series of English exams as well as have a Visa Screen Certificate in hand. You would have to have passed the NCLEX-RN exam before a job could be offered to you as an RN.
You must be under the F-1 visa in order to be able to work the 20 hours per week, and this requires that you attend school full-time as well. Be aware that in most locales if you are under the H-4 visa, you get local resident tuition; but under the F-1, you will be paying considerably more as well. You also do not get the permission to work immediately either, you will need to meet the requirements of the program to be able to do this.
Not sure how long that your spouse has on their H1-B visa at this time either. They are only valid for three years and can be renewed one time only.
Even though you could not get paid, if the job that you were volunteering for normally was a paid position, you would not be able to do it. You may be able to do something with disaster relief, but you would have to check with the agency to see what they are covered for.
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