Permission to Work before Greencard - page 2

Hello everyone! I have a question to all those who experienced or know something about the length of waiting time for greencard processing. Work permit can now be issued to those applicants with... Read More

  1. by   suzanne4
    You also have to take into account that your wife is applying for a different type of visa. The other nurses must have their I-765 accepted and approved before an EAD will be issued to them. Vermont is processing these much quicker than the California office.
    Last edit by suzanne4 on Jun 12, '04
  2. by   Meladee
    Quote from suzanne4
    You also have to take into account that your wife is applying for a different type of visa. The other nurses must have their I-765 accepted and approved before an EAD will be issued to them. Vermont is processing these much quicker than the California office.
    I 765 or Employment Authorization Documents ( Work Permit) are being approved in 60 days out of the California Service Center. It used to be 90 days. Therefore, a nurse who is present in the US on a non-work visa such as a student, tourist, H-4 ( spouse of H 1B), student or F-1 who files the Adjustment of Status concurrently with the I-140, EAD will be mailed 60 days later. That nurse can take the EAD to the social security office and get the social security number and start work. The I-140 is the employment based immigrant visa...aka....Green Card.

    The nurse who passes NCLEX and has a NCLEX pass letter or RN license in the state of the employer/sponsor and is present in the US on a valid non work visa can apply for the adjustment to the green card. The non work visa can be up to 180 days overstay and the nurse can still qualify to apply. If the family is present in US with the nurse applicant, the family can also be filed and have the same priority date and receive work authorization. However, the green card will take about 2 years for approval. So, if the family is overseas, the family will not be approved for US departure until the green card is approved, which will be the 2 year period.

    It is not lawful to have the INTENT to immgrate when applying for a tourist visa....it is lawful to change your mind after arrival in US and discover a job opportunity and to apply for the adjustment.

    There seems to be a lot of nurses taking advantage of this opportunity to come to US and sit for NCLEX and then get a employer/sponsor and bypass the long 2 year waits that are entailed in consular processing....Vermont being the only service center without the two year wait...for the nurses. However, the employer/sponsor must be located within the boundaries of the Vermont service center, such as New York.

    It is hard to believe that this is possible, but I know any number of nurses who have achieved this and it is happening with increased frequency.
  3. by   suzanne4
    Many foreign nurses are no longer qualifying for a tourist visa. Hence they have to wait until the green card is given................if they begin work in NY it can be a very short time provided all testing is completed, and Visa Screen Certificate is in hand.
  4. by   MambutzRN
    thanks guys.. i really do agree that there are many "artificial barriers"..
    and i think the US government is managing it very well.. i think i just got lucky and i maximized my opportunity and resources very well.. getting a tourist visa in the philippines is next to impossible especially if you are a nurse.. i got my visa because my parents and siblings have been travelling the US and even europe for quite some time already.. and most of my aunts and uncles migrated here around 25 years ago.. i have aunts and cousins who are RNs here.. i hate to be out of the topic.. maybe it seems too hard to get here, pass a number of difficult exams, squeezing every peso my family can give to support me(earning peso,spending dollar:chuckle ), start up with nothing.. but so far, the hardest part for me is trying to live my life away from my family, friends, and the comfort of my own country. cest la vie.
  5. by   suzanne4
    You definitely are one of the fortunate ones.....very few nurses in Thailand can qualify for a tourist visa, or even a student visa now.
  6. by   MambutzRN
    thanks phwl... ill do that just in case.
    Last edit by MambutzRN on Jun 14, '04
  7. by   MambutzRN
    yup suzanne.. cant agree more:chuckle ..

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