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Discussion

B1/B2 to F1

I'm here in US and recently passed the NCLEX-RN (CA). I am currently seeking sponsorship for H1B visa.

I am on a tourist visa right now and planning to change my status to F1 student visa with OPT. I will receive the OPT after I finish the computer course that I'm planning to take, it will take one year to get an OPT. Is this OPT would allow me to work as a nurse?

I've been asking agencies in CA since I passed NCLEX weeks ago but none of them provide sponsorship for H1B because of retrogression and no available visa right now.

My former co-worker arrived in CA in January of this year and she is on working visa H1B.

I need your suggestions regarding my status.

Thank you

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opt is usually only to be used in the profession that you did your training in. therefore if you did computer science then your job for opt must be in that area.

this is what is stated on the government website on opt

a student may apply to the service for authorization for temporary employment for optional practical training directly related to the student’s major area of study.

ice gov

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You don't mention if you're actually a specialist nurse?

  • Author

Thanks for the clarification regarding OPT. Is a Master's degree in nursing would give me an OPT to work as a nurse?

I was working in HDU. I applied to DaVita (CA) and told me that they can't sponsor me with H1B visa because the government doesn't provide them. They can sponsor me through green card which requires visa screening certificate and years of processing.

I inquired to an agency in NJ, and advised me to get a student visa because my I-94 is until April and get a license by verification to NY. Having the student visa will extend my stay and have enough time to get a license from NY then that agency can sponsor me with H1B visa. They told me that the start of H1b application is in April of this year.

The thing is you need an active nursing license for admission to a MSN program. CA requires a SSN for a license.

I don't believe Hemodialysis nurse is enough to qualify for H1b since a BSN is not required,

Many RNs, therefore, would not qualify for the H1B classification. However, a petitioning employer may show that a particular RN position could qualify for an H1B by demonstrating that:

a bachelor's degree or higher (or its equivalent) is normally the minimum requirement for entry into that particular position;

the degree requirement is common to the industry in parallel nursing positions;

the employer normally requires a degree or its equivalent for the position;

or the nature of the position's duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's degree, or higher (or its equivalent). In determining how experience may be substituted for education, BCIS uses the formula that three years of specialized training and/or work experience is equal to one year of college-level training.

  • Author

My former co-worker is on an H1B visa, she arrived in CA in January of this year. We had the same length of nursing experience. She received her license number first week of February. She is now working in a Skilled Nursing Facility. We have the same level of education. The only difference that we have is that she has backup in that nursing facility, which I do not have.

In NY, H1B visas are given to nurses through sponsorships by agencies or direct employers.

I guess your friend works in a facility which requires a BSN for the position and they were not able to find an local nurse to fill the position which is unusual since most SNF higher LPNs and keep RN ( no BSN required)to a minunum .

New York can not write federal law.

Unquestionably, I would check with the V.A. hospitals & their Clinics, good luck in all of your future endeavors~:cool:

Unquestionably, I would check with the V.A. hospitals & their Clinics, good luck in all of your future endeavors~:cool:

The VA Hospital employment page cites that US Citizenship is required, so what make you think they will sponsor a visa?

For the reason that they sponsor me, I'm from Madrid,Spain, I did all of my paper work through them in exchange that I would work 2yrs. for them and I been working now with the V.A. since 1990. It is worth a try.:cool:

I read on the VA website that they must be a US citizen in order to apply or a legal resident. Unless I misunderstood what I read.

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My former co-worker is on an H1B visa, she arrived in CA in January of this year. We had the same length of nursing experience. She received her license number first week of February. She is now working in a Skilled Nursing Facility. We have the same level of education. The only difference that we have is that she has backup in that nursing facility, which I do not have.

In NY, H1B visas are given to nurses through sponsorships by agencies or direct employers.

Just because your friend possibly has a fraudulent visa doesn't mean that you should. Working in a SNF doesn't qualify as there's no way they could spin that this position must require a bachelor degree.

I bet if the US Government would raid the SNF they would find a lot of nurses working under a fraudulent visa. They're all over the West Coast, you would be mortified how many are under H1b visas and were fresh out of school.

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