finding an employer during retrogression


I'm an international student and a new nurse currently working on OPT. I received my visa screen certificate last week and now want to plan the next steps in order to have everything ready once retrogression is over. I'm wondering about the best way of finding an employer and preparing the paperwork so that everything will be ready by that time. I'm currently working with a small employer that has no experience with sponsoring foreign nurses, but said they would be willing to sponsor me. Would I just hand them the I-140 and have them hold it until there is an opening? Or can it be sent off by me as long as it is prepared by the employer?

Also, the form seems pretty self-explanatory. Is it usually advised to consult an immigration lawyer for it? I completed all my immigration paperwork myself so far and never ran into any problems doing so.

Also, I was looking for a thread that explains the exact documents that go along with the I-140 and the next steps. I know I once saw a thread, but I can't seem to find it anymore. I remember there is something about a job posting that needs to be done by the employer for so and so many days prior? I would appreciate any clarification and assistance with this. Thanks!

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Silverdragon102, BSN

1 Article; 39,477 Posts

Specializes in Medical and general practice now LTC. Has 35 years experience.

You could employ a lawyer to assist you in your paperwork but a lot of stuff has to come from the employer and at present you can only file I140 which does not give permission to stay in the US whilst you wait for your PD to become current. So if your OPT is up the only way to stay in the US would be maintaining student status.

Process is I140 when you get approval your file moves to NVC and when PD is current they will contact your lawyer or hospital lawyer and request visa fee bill and then request DS230 (bio forms for you and any spouse/children) but with retrogression you are a long way from that

suzanne4, RN

26,410 Posts

Once the OPT is completed, you will not be able to continue to work in the US. You are still currently under the F-1 status and will need to remain as a full-time student to be able to remain in the US. Otherwise you will have only 60 days at the end of the OPT before you will need to leave the US. Be very careful with these dates.

Your immigration paperwork up until this time has consisted of student visa only, significantly different from what is needed for the green card processing. If one document is missing or not completed, or any other reason and there becomes an open period where the US will accept petitions, but we do not see that for years to come for the adjustment of status, and your file would be returned as being incomplete and not get accepted at that time.

This is one time that you need to use an immigration attorney as far as I am concerned. Well worth the money spent on it.

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