H1B

-L-E- · Apr 13, 2009

PS My mom came here on K visa and they also used help of a specialist. I think this helped them a lot :)

redranger · Apr 13, 2009

The OP is asking something that can not be answered properly, even the USCIS website an be a minefield. There is nothing wrong with getting advice from someone who specialises in the area as they will be able to give a good idea on whether a application will be successful.
I have known a few people file K1/3 themselves and have lots of problems, not always given hat things will move smoothly and sometimes it doesn't hurt to ask for help

I spend some time on a Visa Website and for K1/k3, The lion share of people don't use lawyers, and I see posts all the time of the poeple whom did use lawyers and only to have issues with Lawyers filling out forms incorrectly, and to top it off they paid from $1,000 to $4,000 just to have the lawyer fill out the paperwork. And most say if they had to do it again, they would never used a lawyer.

Ginger's Mom, MSN, RN · Apr 14, 2009

Thank you everyone for your response. I think in my case this will be #3 critical care. I will get 2 years of experience. One year of OPT experience after my associates degree and then one year of OPT after my bachelor degree. I also used my 11 months of CPT in this hospital doing my internship as a student nurse. I will try very hard to get into cardiac ICU after my BSN which will make me a better specialist in this field. Many of us are in this terrible situation with the retrogression. We got this far and we don't have to give up.
The lawyer will file I-140 for me but honestly, I don't believe that just counting on EB3 is a good idea at this time when even US nurses cannot find a job.
Thank you again for your responses :)

The trick is you have to pass the CCRN test which requires 1750 hours of work, which will be impossible doing as a new grad in an OPT and one year after a BSN . You also have to find a hospital to fill out all the paper work. Best to consult with your lawyer for legal support but I can tell you from a nursing viewpoint, 2 years experience does not make a specialist.

http://www.sonoma.edu/users/n/nolan/n312/benner.htm -impossible in 2 years.

-L-E- · Apr 14, 2009

The trick is you have to pass the CCRN test which requires 1750 hours of work, which will be impossible doing as a new grad in an OPT and one year after a BSN . You also have to find a hospital to fill out all the paper work. Best to consult with your lawyer for legal support but I can tell you from a nursing viewpoint, 2 years experience does not make a specialist.
http://www.sonoma.edu/users/n/nolan/n312/benner.htm -impossible in 2 years.

1750 hours in a year is possible to reach if you work full time during OPT. The problem is experience. I hope to have 2 years by that time. I am sure that immigration services don't use the Benner's Stages of Clinical Competence this is exactly what you said - the nursing viewpoint, not the immigration viewpoint. Of course I would agree with you here that 2 years don't make a new grad a specialist but we are talking the immigration laws here and not the nursing viewpoint. There are so many non nursing specialists from other countries with not even one year of experience who get their H1b and so many nurses who use some agencies to get the H1b (I don't think all of them meet the requirements).

Here are many international students in the US who got that far. Sometimes the problem for many of them is the lack of information. I think we should try to find at least some info on the topics and not just keep saying: "It's impossible, here is the trick, there you cannot do it".

Let's post helpful links here and share the experience :)

By the way here is the link to the website that gives some info on critical care certifications: http://www.aacn.org/DM/MainPages/AACNHomePage.aspx?enc=9RdxXufgiNKQ0ZMRg/3r931vcMuP1eges31PhvLrQ3I=

Ginger's Mom, MSN, RN · Apr 14, 2009

The 1750 hours is critical care experience, very few places hire a new nurse in the ICU and even less on a OPT ( since this is limited). Some say the OPT can only be used once ( the need to check with a lawyer). The other thing is the timing with the test, many exams are only given once or twice a year and lets say you have 2 years ICU experience and qualify to sit for the exam your visa will expire. Immigration does not know Benner but believe me hospitals do and they will have to say you are specialist.

Best of luck. There is no nursing shortage right now due to the economy. It has been my experience in hard times, that ICU jobs will be given to experience nurses first. But who knows what it will be like in 2 years.

-L-E- · Apr 14, 2009

Nobody said this will be easy. I didn't think about timing for the test, thank you for that :) F1 students should try to use their CPT to receive experience in the hospital, this way when they get to the OPT they would have some connectons there (know managers, nurses etc), try to pick clinicals in the hospitals that would hire F1 student. Do some research :) You cannot just sit here and wait until the graduation to start looking for a job.

There is the rule that F1 students qualify for and OPT after each degree they receive. For example they may have OPT after getting ADN, then if they go for a BSN they are eligible for another 1 year post completion OPT, the same here if they get their MSN.

There is what I found about cap-gap for F1 who applied for H1b:

Q. How is the cap-gap situation changed under the interim final rule?

A. F-1 students on post-completion OPT maintain valid F-1 status until the expiration of their OPT. Once

that OPT has ended, they are authorized to remain in the United States for up to 60 days to prepare for

departure. Under this rule, the F-1 status of students is automatically extended when the student is the

beneficiary of an H-1B petition for the next fiscal year (with an October 1 employment start date) filed on

his or her behalf during the period in which H-1B petitions are accepted for that fiscal year.

• The automatic extension terminates when USCIS rejects, denies, or revokes the H-1B petition.

• If the H-1B petition filed on behalf of the student is selected, the student may remain in the United

States and, if on post-completion OPT, continue working until the October 1 start date indicated

on the approved H-1B petition.

• The student may benefit from this provision only if he or she has not violated his or her status.

allnurses Guide · Apr 15, 2009

Gosh I see a lot of information trying to discourage people, some of which is just not true.

- If your hospital is non-profit and affiliated with a university, it is MOST LIKELY that they are cap-exempt from H1B and do not have the April application-October start issue. I know my hospital is.

- I know SEVERAL people (personally) who passed CCRN after minimum of 1750 practice hours in

- H1B: Lawyer is mandatory. Employer must pay all application/visa costs.

Good luck. I have CCRN (after 2 months in US but have many years exp in CTICU) and am on speciality visa, so let me know if you have any more questions.

-L-E- · Apr 15, 2009

Thank you so much Ghillbert :) I have such a long way to go. I really need some emotional and factual support here. I even read your post several times I also figured out about the difference between profit and non profit organizations. Thank you for posting it here. Just wondering is it possible to become a member of the faculty in the University having just BSN? Some instructors in my college have BSN. Universities are non profit which makes it easier to get H1B.

I found some posts in another H1B discussion about getting wound and ostomy certification that requires a BSN. The course costs about $7000. This is a way to prove you are a specialist who is taking a positon that requires a Bachelor degree. Just something else to think about :rolleyes:

Ginger's Mom, MSN, RN · Apr 15, 2009

I don't know what state you are going to school. but in my state to be a clinical instructor a MSN is needed. Due to the shortage of MSN, the school can apply for a waiver for a BSN with 5 or more years of experience and enrollment in a MSN program can be an instructor in a nursing program.

To be accredited all theory must be taught by a MSN prepare nurse. So to answer your question officially only a MSN may teach but a BSN enrolled in a MSN program with approval from the state maybe an instructor. When the officials refer to the shortage of nursing faculty they are talking about MSN or above prepare nurses.

Also in the Northeast, only BSN nurses are being hired. Many of the new grad ICU nursing programs have been eliminated so I would investigate where you plan to practice. Also no hospital in my area has petitioned or hire any international trained nurse since there is no need to due the glut of nurses available.

-L-E- · Apr 16, 2009

I don't know what state you are going to school. but in my state to be a clinical instructor a MSN is needed. Due to the shortage of MSN, the school can apply for a waiver for a BSN with 5 or more years of experience and enrollment in a MSN program can be an instructor in a nursing program.
To be accredited all theory must be taught by a MSN prepare nurse. So to answer your question officially only a MSN may teach but a BSN enrolled in a MSN program with approval from the state maybe an instructor. When the officials refer to the shortage of nursing faculty they are talking about MSN or above prepare nurses.
Also in the Northeast, only BSN nurses are being hired. Many of the new grad ICU nursing programs have been eliminated so I would investigate where you plan to practice. Also no hospital in my area has petitioned or hire any international trained nurse since there is no need to due the glut of nurses available.

Thank you for your response. I am just trying to explore the opportunities for an H1b. I think that to be a clinical instructor or to teach the theory is a huge previlege and you really have to love it. Probably the newly graduated nurse with a BSN wouldn't qualify, with an exception of being an assistant or support staff.

In this topic we talk not about the internationally trained nurses to be petitioned for but about F1 students who were trained here. They get the same education like US nurses and have their clinicals in the same US hospitals. The US immigration and the government also grant them the opportunity to receive one year of experience (OPT) after completion of the program. I don't see any reason why would the employers discriminate one category over another. The thing here is that international F1 students after one year of experience have an option to go back to their country or to continue with their education for a higher degree. Also the retrogression made it almost impossible to hire any internationally trained nurse. But if the USCIS gave me the right to use one year to get this experience after graduation, of course I will use this chance :specs: When I did my externship in the hospital I've heard about one internationally trained nurse who was petitioned for. Unfortunately, she wasn't able to succeed on the floor and had to quit.

Ginger's Mom, MSN, RN · Apr 16, 2009

A new BSN won't qualify for instructor, sorry.

I was listening to the news, It seems like the new President is making it easier for illegal aliens to stay especially if they have a child who was born in the USA. Also it is going to be his policy to target companies who employ illegal aliens not the individual aliens. The point I am trying to make, hospitals are not discriminating they are trying to protect themselves. By employing a nurse on a F1 visa it generates tons of paperwork and they have to track when the visa expires. In many markets there are tons of nurses so it makes no business sense to them to put them selves at risk for non compliance with the Federal government.

As far as the hospital petitioning your co worker, the hospital does not issue visas, only the US government does and the wait is very long.

I think you understand the F1 visa, the purpose is for you to go back to your home country and not to immigrate to the USA. I admire you since you are trying to do everything legally. I think you are doing everything to put yourself in the best position to stay legally and I hope things work out for you.

-L-E- · Apr 16, 2009

Thank you for your support. I still don't give up on H1b because I have time to find some information before I get to that point.

I think this is very sad that millions of illigal aliens have a chance to get their citizenship here. A friend of mine has been living here for 10 years since high school on F1 visa and paid her triple out of state tuition to achieve her education here. Now, millions of illigals have a chance and she doesn't. This is so unfair.

Even if I have to go back to my country I will do as much as I can to get a higher education and experience in a very good hospital to become a good specialist.