For those of you that are in the US and planning to go the AOS route:
(Particularly important for those from the PIC countries and Mexico an don tourist visas.)
Be aware that as soon as the visas are no longer current, USCIS will not be accepting the I-485 petitions. They are not expected to be current next month, and also not much further into this month. When they are gone, USCIS will make a posting that the Visas are no longer current and will not be accepted as of that date. They do not give advance notice of a few days or so in advance. Just notification of when they stop accepting them.
Make sure that you are on top of things with your attorney, if you wait or do not follow up, you will need to go home.
I was born in Nigeria. Can you tell me what other options are available to me if I don't have OPT? Should I get a lawyer now and start planning my options or should I wait a little longer? It's not like I can do anything right now since I haven't graduated - so, wait and see?
Thanks Suzanne.
There is not one thing that can be done for you until you take and pass the NCLEX exam, and you cannot do that until you graduate.
It's just that my international student advisor has told me that I'll have 60 days to get my act together and leave once I graduate. I'm not even sure that that's going to be enough time to get the approval, find a venue, take and pass the NCLEX and find a job. Since I'm terrified of being out of status for even one second, I figured it'd be better to figure out a worst-case scenario game plan now rather than wait.
But, you're right. Nothing can be done until I graduate and pass the NCLEX and worrying over it isn't going to change a damn thing. So, on that note, I'm gonna start studying for my midterms which by the way, start tomorrow...eeek!
Do things correctly, and you will not have a problem, but you need to do them one step at a time. There is not one thing that can be done until you pass that NCLEX exam, not one single thing.
I just came to US about 30 days, I found a hospital willing to petition for me. Because the retrogression sets in, HR suggest me file my paper before Oct 31, and my lawyer said that maybe a bit risky, but there are no other way, if I want to get EAD. I know you've been said that is inappropriate to file these documents before 60 days, but I don't know how long it gonna take to the next quata. What am I supose to do ? Could you tell me what else things I need to consider ? Thanks a lot
I just came to US about 30 days, I found a hospital willing to petition for me. Because the retrogression sets in, HR suggest me file my paper before Oct 31, and my lawyer said that maybe a bit risky, but there are no other way, if I want to get EAD. I know you've been said that is inappropriate to file these documents before 60 days, but I don't know how long it gonna take to the next quata. What am I supose to do ? Could you tell me what else things I need to consider ? Thanks a lot
If you file now, you are going to ge denied. USCIS requires that you have been in the US for at least the two months before applying, or it will look like you came to the US to find a job and stay, and that is direct violation of US immigration law. You are not going to get the EAD that way, you are going to be denied right away.
And sorry, HR has no idea of what they are speaking about.
And to top it off, you were not born in Mainland China, therefore will only be affected by the retrogression in the beginning. Visas are appropriated every quarter, and if they are not used up for your country, then they will be available.
Asking my advice? No way would I suggest that you start the process not, unless you want a definite NO on your petition. And that will put you in hot water with immigration, something that you do not want to do.
And to top that off, there is a protocol that needs to be followed, such as the facility advertising the job for ten days and then a wait period of 30 days after that.........has the facility done that? That Labor Ceritificate needs to be included with the petition.
Also, when someone asks you to break the law, do you do what they want you to do? You will have to deal with the repercussions from it and possibly have to leave the country. HR will still be there.
And there is also no guarantee that visas will still be current next week.
what do you mean by Visas are appropriated every quarter? Is that means next year in January I might be able to apply for green card through AOS?when do you think it will be avalible again? coz I can only stay til March 2007. and Thanks a million for telling me these information.
Hello everyone, this is my first post. I'm glad I came across this forum because it is very informative. I have a question for all of you. I am an international student graduating with a BSN in may of 2007. Since this is my 2nd degree, I do not have any OPT left. I'm from Zambia and I would like to know if I should be planning to leave the country after graduation with the regression thing going on. Thanks in advance for your replies.
Hello everyone, this is my first post. I'm glad I came across this forum because it is very informative. I have a question for all of you. I am an international student graduating with a BSN in may of 2007. Since this is my 2nd degree, I do not have any OPT left. I'm from Zambia and I would like to know if I should be planning to leave the country after graduation with the regression thing going on. Thanks in advance for your replies.
Focus on passing the NCLEX exam................if you are not from one of the countries that are directly affected, just sit tight. You are talking a long way off from now.
what do you mean by Visas are appropriated every quarter? Is that means next year in January I might be able to apply for green card through AOS?when do you think it will be avalible again? coz I can only stay til March 2007. and Thanks a million for telling me these information.
Not sure when the petitions will be accepted again, and it also depends on what is available for those from your country. They are not just for nurses, the visas that become available quarterly; and there are many that apply for them, that have the Bachelor's degree, etc. Taiwan was close to being put on the list. Coming to the US, knowing that there was a retrogression starting was not the smartest thing to do right now.
And to try to submit before the sixty days is an automatic refusal for you. Sorry to have to be so blunt about it, but that is where you stand.
If you would have checked, it would have probably been faster for you to do the process from home. Remember that normally, attorneys wait 90 days before submitting petitions so that they do not get denied, and then you need to wait about another two months or so before you can begin work, you are talking of being in the US for about five months and with no income coming in. Hard to live here that long without having an income to back you up.
The second thing to understand about AOS is that it is discretionary, not mandatory. It is possible for a person who is technically eligible for immigrant status to nonetheless be denied adjustment of status in the exercise of discretion. The most common instances of such discretionary denials involve cases where the applicant abused the nonimmigrant process.
For example, if a person applies for admission into a school or for a change in nonimmigrant status within 30 days of entry, they are presumed to have acted in bad faith. That is, they had the preconceived intent to make the change and they used an easier to obtain visa in order to evade the normal screening process abroad for the visa they really wanted.
If the application occurs between 30 and 60 days after entry, no presumption is made, but there is a strong suspicion that the person may have acted in bad faith. The case will be scrutinized carefully. If the application occurs more than 60 days after entry, the presumption is that the applicant acted in good faith. Both the USCIS and the State Department reserve the right to re-examine such cases, however, if there is any additional evidence of wrongdoing. If an AOS applicant has anything in his or her past visa history that suggests that he or she may have abused the visa process, or otherwise tried to take shortcuts, the USCIS has made it clear that they can and will deny such adjustment applications in the exercise of discretion. Discretionary AOS refusals are not subject to administrative review. While federal court review is theoretically possible, few judges are willing to attempt to substitute their judgment for that of USCIS officers in the absence of gross abuse of discretion.
suzanne4, RN
26,410 Posts
There is not one thing that can be done for you until you take and pass the NCLEX exam, and you cannot do that until you graduate.
Please take things one step at a time.