How can I work?

Silverdragon102, BSN · Jul 15, 2007

Hi, I am a registered nurse of NYS and I am holding student visa now. I have found the employer who is will to sponsor me and needs me to begin to work full time now. Can I apply working visa now? Do I need to keep my student visa to wait for immigration visa?
Thank you very much!

your employer can start the process off but there are no visas enabling you to work I would say you need to keep your student visa and wait for visas to be released enabling you to work unless you have OPT which will let you work

Congratulations on finding an employer

NYALA · Jul 15, 2007

Thank you for your advise, silvergragon

Can I apply H1 visa? Because the emplyer said I must work full time then they can provide sponsorship otherwise nothing. But right now my student visa is not giving me the working permit. And I don't have the OPT:o

Silverdragon102, BSN · Jul 15, 2007

Thank you for your advise, silvergragon
Can I apply H1 visa? Because the emplyer said I must work full time then they can provide sponsorship otherwise nothing. But right now my student visa is not giving me the working permit. And I don't have the OPT:o

H1B visas have all gone for this year and you can't apply for one until next April. Saying that H1b have not been available for nurses for a few years. I would suggest having a good read on here and also use the search facility for this forum and using keywords ie H1b and do a search. Plenty of good info on here but really the only working visa for nurses are GC (with exception of H1c and not many hospitals do this and only do this because they can not get the staff what so ever due to being in a very bad area) All the employer can do at the moment is file I140

Like I said have a good read on here. Suzanne in one of the threads today has given a good explaination on the differences between AOS and CP (AOS=Adjustment of status and CP=consular process)

suzanne4, RN · Jul 16, 2007

H1-B visas have not been available for nurses in more than three years so that is not even a viable alternative in the first place. Next issue is that if they were available, they are only released every six months, next application time is not until October of this year for a visa next April, 2008.

On a student visa, you cannot work full-time, no matter what a boss wants. And you can only work if you are under the OPT, or even the CPT. There is also no such thing as sponsorship, since there are no temporary work permits available for nurses. You can get petitioned, but the next issue is that there have not been any visas available for you since October 31 of last year. And you are not able to work in any capacity until you receive a document that you can work called the EAD. And that requires that US immigration accept the petition for

I-485, the Adjustment of Status. That has been on hold since last year and there are many waiting.

This employer can start the process for you now by getting the I-140 submitted, but you will not be able to work until there are current visas, and you have had petitions submitted to immigration. They are not accepting them right now.

You are not going to be able to begin work right now, or even soon. Even if there are new visas that will cover you this fall, the earliest that you would be able to work would be December, but do not count on that. You have not even started any process as of yet.

And we still do not know if the retrogression will continue after October, or if it does, who will be included. Still suspect that it will include those from the PIC countries, as well as Mexico.

NYALA · Jul 16, 2007

Suzanne,Thank you very much! Your explanation is very helpful.

So tomorrow maybe I have to ask my employer to quit? What about if I don't get paid during taking orientation there? Because I think the orientation is very good experience for me.

Then I will go back to school to take my RN-BSN and wait for OPT.

Life is not easy for us foreign nurses. But we will have a better tomorrow.

Thank you again Suzanne. This is a good forum to help us survive in the States.

suzanne4, RN · Jul 16, 2007

You are working but you have no visa to work, and do not have permission by the US government to work? How in the world did you start working? You can be deported for this if caught. Please do not even consider going in there again.

You have no business being in orientation if you cannot legally work in the US. And you have put yourself at grave risk. If the facility gets an unexpected visit from ICE, you will get deported. Period. No chance for any explanation that is for sure. And not being able to even return to your apt or even return to the US for a period of ten years.

Does not matter if the orientation is good experience for you or not. I am sure that it is, but you cannot be doing it legally. You need to watch out for yourself, and should never have even started.

And for you, what are you doing for a SSN#? How are you expected to get paid in the first place.......................

You have made a very bad move and I do sincerely hope that you do not continue you with this. Or you are only opening yourself to getting deported and not being able to complete your dream of working in the US.

And your employer needs to be reportd for their behavior. They are very aware of the rules of employing a foreign nurse and shame on them for this. I suspect that it is a nursing home and not a hospital in the first place. You do not have legal document to work, and they are in violation of US Federal Law and can face stiff penalties.

suzanne4, RN · Jul 16, 2007

and to add into this, if picked up, you go directly to immigration detention; which is essentially a jail, it is next to the federal prisons in many areas. and you will be placed in a cell until being deported. you are a guest in the us, and must follow the laws here.

working illegally is not the way to do things. not sure who told you to do this, but it is illegal. and you could even be banned from ever returning to the us, it is up to immigration judge to decide. but minimum time is ten years.

completing your orientation should be out of the question for you.......you never should have even started it in the first place.