Going it alone, without agency

suzanne4, RN · Jul 21, 2006

1. You must be in the US for at least three months to get a petition submitted on your behalf.

2. It takes another two months to get approval before you could begin to work.

3. Total of minimum of five months without any income coming in. And you ar not permitted to work at all in any capacity during this time.

4. Most US tourist visas are for 6 months; there is no way that anything can be done in three months, not even a consideration.

5. Do you already have a tourist visa for the US? If not, they are getting much harder to get from your country.

6. For the Adjustment of Status to be filed, you must remain in the US the entire time, you cannot leave and go home and come back. Which again means five months and no salary, etc. The law requires that you remain here. And you will not have anything to leave with, remember that once the AOS is submitted, the tourist visa ceases to exist. You have filed for another visa.

7. And you are correct, there are no temporary work permits for the nurse.

Only the EAD, which permits you to work while green card processing is in effect...and that is only if you were already in the US on another type of visa. It is not available to those that are going the route of consular processing.

You never, ever, ever, ever want to apply for an extension to a toursit visa. It will be denied in most cases, unless you have an extremely valid reason, waiting for papers to be filed is not one of them. You must wait for an answer from immigration on that extension before a facility can submit a petition on your behalf. Chances are extremely high that it will get denied, and even if you would get a job offer; chances are that you would be forced to leave the US. There is no appeal process to an extension of a tourist visa. They tell you that you need to leave and you must do that.

flight027 · Jul 22, 2006

Thanks Suzanne. I do have a current US tourist visa that doesn't expire until 2009, but with all the things that have happened in the past few years, I'm guessing US immigration will only give me three months to take my NCLEX and some leeway to visit relatives. I should hope then that I get the maximum 6 months to at least hope I can land a job.

One more question about the AOS: is it true that I haev to wait a certain number of months after I arrive in the US before I can file for the AOS? Also, what does the EAD stand for and is this what I can get if a hospital has expressed intent on hiring me? Which comes first, by the way, the AOS or the EAD?

msrclim · Jul 23, 2006

If you were to go to the US today, July 23, and presuming that you have an

employer willing to hire you, then the earliest time they can file your I-140 will be 90 days after, about Oct. 23. You can only do adjustment of status and file the I-485 concurrently with the I-140 if the schedule A is current at that time. It is expected that the schedule A category will no longer be current by October. So unless schedule A remains current past October, you will not be able to do the adjustment of status route and will have to do consular processing and wait for your visa in Manila.

You can still take the NCLEX in the US if you wish. Just be aware that if the schedule A retrogresses before your can file the I-140, then you cannot do adjustment of status and will have to return to Manila when your allowed stay is over.

The EAD is the work permit. The I-40 and I-485 (AOS) are submitted first (90 days after arriving in the US), then the EAD is issued about 2 months after the I-140/I485.

I hope this helps.

flight027 · Jul 23, 2006

msrclim,

thank you for the info. just a couple of questions though: i got confused with the I-485 and category A. what exactly is the I-485 and what does category A mean?

based on the replies to my post, i now think i may have a shot at landing a job in the US if i were given a 6-month visa. but of course, there are other factors such as passing the nclex, finding an employer who's willing to sponsor my green card, and then completing all the required paperwork.

the schedule is a bit tight, but it looks doable.

the major concern now, i think, is finding a willing employer, something that's seems to be quite elusive. judging from the other messages posted here in this forum.

ms. suzanne or anyone out there, what do you think are the reasons foreign-trained nurses, despite having all the required exams and certificates under their belts, are being rejected by US hospitals? Are employers unwilling to pay the cost of the sponsorship, has the "quota" for immigrant nurses been met already, or do employers simply don't believe foreign-trained nurses are competent enough?

msrclim · Jul 29, 2006

Category A is the group of workers who do not need labor certification before the work-based immigrant petition can be filed. These workers belong to occupations that are deemed to be in shortage in the US. Nurses and physical therapists belong to category A. The I-485 is the petition for adjustment of status. It is filed together with the I-140 if you are in the US already. However, it cannot be filed if the category A is not current at the time of filing.

Even if you get a 6 month stay in the US, you can only file for AOS if the category A is still current, that is, there are still visas available for nurses.