Green Card Processing

allnurses Guide · Jan 2, 2009

On what visa basis are you working now?

You cannot adjust status at the moment due to retrogression of the visa categories (unless your position required a master degree, in which case you could possibly apply in the EB2 category).

Currently the backlog for people NOT from India/Phillipines/China is back to those that applied in 2005.

If fiance fits criteria for H1B, he may be eligible for EB2 processing. If he is, and you're not, you'd be better off getting married and using his application since it would be faster.

ju123 · Jan 2, 2009

Thanks for your prompt reply...Now I am working on H1B visa after my MSN Nursing here. But fiance is fit for H1b ,but he is an IT professional , so they will take more years than nurses. Now I am waiting for my I-140, I am asking can I add him when we are applying for I-485. We heard EB2 process is like that so the spouse also adjust status and take EAD. is it true?...

allnurses Guide · Jan 2, 2009

I'm afraid you are mistaken. Immigrant visas do not take any longer for IT professionals than for nurses - it is the same process.

Are you applying in EB2 category? How, if your position is as an RN (and a masters degree is not required for an RN position)?

Of course when you apply if you are married, you can add your husband to the application.

BBFRN, BSN, PhD · Jan 2, 2009

Thread moved to International Nursing forum.

ju123 · Jan 2, 2009

Ok...I got it ...Thanks..

BBFRN, BSN, PhD · Jan 2, 2009

Not a problem, jubin. Good luck to you, and welcome to Allnurses!

Silverdragon102, BSN · Jan 2, 2009

Remember it is all based on where you was born, If you meet EB2 then maybe quicker than EB3and yes you can include husband but presently processing times as mentioned is the same regardless. If you do not qualify for EB2 then you do realise that once married and you have no more time allowing you to work as a H2 you can not work

allnurses Guide · Jan 2, 2009

H2? She has a H1B. If she was a derivative of her husband's H1B, she'd be a H4.

suzanne4, RN · Jan 2, 2009

The husband would only qualify for the EB-2 if he obtained the Master's in the US in most cases. Then it also depends on the country of birth for the one applying. For those from China and India, things are still retrogressed back even for those with the Master's as there are so many that have applied. So the country of birth is a major issue as well.

To answer the specific question, as long as you do not have approval of the I-140, then the spouse can be added to the petition. If one has approval, then there is most definitely a delay that is added in to the equation. He can be added on as your dependent to receive the green card the same time as you.

Best of luck to you on your upcoming marriage.

(p.s. You will be the safer bet for the applicant and not the boyfriend since we are seeing many lay-offs happening in the IT sector.)

But you also need to be aware that the job must require the MSN for initial entry in order for it to qualify for the EB-2 visa and not the EB-3. Nurses working at the bedside usually do not need the MSN to start, so it will depend on the employer as well.

Silverdragon102, BSN · Jan 2, 2009

H2? She has a H1B. If she was a derivative of her husband's H1B, she'd be a H4.

You are correct I was tired and lapse on my part

allnurses Guide · Jan 2, 2009

The husband would only qualify for the EB-2 if he obtained the Master's in the US in most cases.

There is no such requirement. USCIS requires that you must have a "US masters degree OR foreign equivalent". I personally know at least 10 people with foreign masters degrees who used EB2.