Help?

You are looking at a couple of years to get the green card, since there are no visas available. And please be aware that just because your I-140 was approved, it does not mean that the I-485 will be approved; especially if you came here on the tourist visa in the first place. It means that you had dual intent and the burden of proof will be on you to prove otherwise. Approval of the I-140 is the first step in what will be a long process for you, far from over, and it does not promise anything at all.

To get the EAD is usually about six to eight weeks during normal times, but since there was a huge number of petitions submitted in July, the wait can be longer. And please be aware that getting the fingerprints done and even getting the EAD, which is the work permit, does not guarantee that you will get the green card at all.

Taking cuts in line in front of all others that have been waiting is also frowned upon, nothing to be proud of at all. And sorry, but that is exactly what you have done. There is a wait of several years from your country and there are many here that have been waiting. If you were not in the US for a full 90 days before your petitions were submitted, you run a high chance of being denied.

Thread moved to International Forum, since your questions are specific to International nurses, most on the CA forum have no idea of any of this.

I-485 will not be processed if there are no visas available. Suggest that you take the time to do some reading here on the International Forum about the retrogression.

Sorry if I am not being pleasant about this, but what people did a year ago with coming to the US on a tourist visa was one thing, but since the entire world has been under the retrogression since October 31 of last year, what you did was just take cuts in line in front of those that have Europe.

I am sure that you were issued the tourist visa because of your parents, not on your own. And whn my co-moderators have been doing things the legal way, I find this hard to accept.

Please be aware that you have a greater chance of getting your I-485 denied, and that means that you will need to leave the US when that happens. USCIS is going to be going over everything with a fine tooth comb, and if one thing out of place, petition will be denied.

ummm its not that i'm proud of it. no need to be unpleasant. i mean all i did was ask. man... i had an opportunity, that's y i grabbed it! i've been here for almost a year now since i came here during the retrogression period and was only filled when visas became available on july 16. please don't go personal and tell me that it's because of my parents, they're both back home in the philippines waiting for me to start working and start helping them. i've worked hard to earn where i am right now. working hours, days in the Philippines earning less than P8,000 so I could earn my fare to go here! I've worked my ass to earn even for my nclex cgfns and english exam. I paid for every single fees on my own. And I really don't think it's illegal to do so. for if so, i never could have been allowed to even file. i didn't mean to cut in front of those that are from europe, but i earned just enough to go here. if you think life's unfair, try living in one. i mean i'm the one who had to live it back home. sorry suzzane. but that's just how things are for me. Ivan

Sorry, but if you came here almost a year ago, then you overstayed a visa, the tourist visa is only good for maximum of 180 days.

The I-140 is only for the job, not anything having to do with you at all, that is why I am telling you that your chances of getting the I-485 approved to remain in the US is a very long shot. Not sure what you have been doing to work in the US and cover your expenses for the past year, but you could not have been doing anything legally without having the EAD that permits you to work. You cannot do any type of work on a tourist visa.

What you have done is have dual intent, which is directly in violation of US immigration law. And there are many others that post here that wish to help their families, and they did not take cuts in line thinking that they deserved it. And they even have years of experience as an RN.

Sorry, but there is no sympathy from me, you took cuts in line knowing exactly that there were no visas available, and if you overstayed a visa, or had it extended not being truthful about the reason, then you are still with dual intent.

I find it very hard to believe that your family needs money, but yet that you had enough to live on for a year here without working at all. Anything is considered illegal if you received money for it, as you were unable to pay taxes on it.

Sorry, but I have lived overseas, and have taught overseas. You are doing something that is illegal, and not acceptable practice here. You are entitled to your opinions, and so am I.

But when others here, have done things the correct and legal way, and are waiting; do not expect me to welcome this with open arms. I cannot and will not. And I am sure that you are going to get the same response from many others here. You also knew about the retrogression when you came over here last October or so. Any attempt to remain in the US during that time to wait was also not acceptable behavior when on a tourist visa.

I do not know you to attack you, but I can attack what you have done for it is illegal; and knowing well in advance that you had dual intent.

To clear up anything here:

Yes, it is legal to come to the US for a visit and then have a job pop up in front of you and you decide to accept it. However, this does not work for many, as dual intent is against US immigration law.

To put it easier to understand, if the nurse comes here on a few month vacation and has a job at home that they have taken a leave from, and have a home and everything else there, then it usually is not dual intent; they planned on returning home. When the person comes to the US for a six month stay, has no job at home, has never worked as an RN; therefore has nothing to return to there, then it is dual intent.

What happened last year when people came over is now longer a factor here, things have changed considerably when the entire world went under the retrogression for nurses, not specific to any one or several countries. So all have had to wait, no matter what procedure being used for immigration.

For those that have come over to the US after the retrogression started, and with the intent of staying, it is the same as taking cuts in line in front of someone. And after seeing so many of you that have done things the correct way and have been waiting patiently for things to open up; I am being very vocal about this and will continue to be.

The minimum amount of time that someone needs to be in the US is about five months before they can work, most are unable to survive without having any income coming in and they work illegally to survive while waiting. And if they get picked up, they are deported for a period of minimum of ten years. And we have seen it happen quite frequently this past year with nurses from the Philippines getting caught up in raids in nursing homes in California, primarily in the LA suburbs and Bakersfield areas. This is not something that I am making up, it has been well documented and ICE participates in the raids.

For anyone that came to the US before the Christmas holidays last year and was expecting to be able to remain in the US to work, just is not going to happen. We have seen petitions submitted by attorneys that are denied, they get paid when they are submitted; they could care less what the outcome is.

Getting approval on the I-140 means nothing in terms of knowing for a fact that the nurse will get the approval on the I-485, they have nothing to do with each other. The fingerprinting is done in the beginning before the EAD is given out, but it can easily be cancelled when the I-485 gets cancelled; it does not guarantee the green card by any means at all.

So when I see someone that comes here with the tourist visa and expects to stay as they did from the arrival here, then I get quite angry after seeing so many of you post and for so long during your wait to come here. And all of you have family members that you wish to help, but one person is not better than the others and deserves to cut in-line.

I am entitled to my opinion here as well as the others, and this is mine.

And both of my co-moderators have been going thru the CP process and have been waiting patiently, expect others to do the same.

AOS was not designed for tourists to come here and stay, it actually makes it harder on others from that country to get visas to come to the US on a tourist visa to begin with now. It was designed for others that were here on other visas to adjust their status, those that were students, and even for them it is no longer guaranteed if there are no visas, it is not automatic that they can remain here. For those that came here on the actual H1-B visa in other professions, also adjust using the same procedure; that is one reason for the PD date being back about five years.