For those of you that are studying in the US under either an F-1 visa, or any other where you do not have permission to work, and will need to apply for a green card when you finish your schooling-----this is for you.
You must meet all of the requirements for immigration that a foreign-trained nurse does, the only exception that you have is that the English requirements are waived for you. You still need to submit the application and get a Visa Screen Certificate. This is offered by CGFNS and the application is available on their website, http://www.CGFNS.org. There is only one application available, whether you did your training in the US, or overseas.
You will still need to find an employer that will petition for your green card. You will still need to undergo a physical exam at a physician's office that is approved by USCIS an have verification of all titers and vaccinations. If you do not have verifiable proof of having had chicken pox, etc., you will need to have either a titer drawn, or receive the vaccination. Immigration is very strict now with this, they will no longer go on what you are verbally telling them.
Hope that this helps...............most of you will also be able to get an OPT for one year of training while your documents are being processed, but you can only receive the OPT once, especially if this is now a second career for you, and you already used your OPT status for the other.
If you are coming to the US just for the MSN, and already have a BSN from overseas, you will be required to write the English exams. You are only exempt from them if this is your initial training as a nurse, meaning ADN or BSN only.
After reading all those posts regarding foreign nurses trying to get green cards, I am still confused about certain things. I need them claryfied baldy. Please!
OK, let's assume that I am on a student visa, just graduated with an ADN, just passed the NCLEX and found a hospital willing to file I140 for me and sponsor me. I do my OPT in that hospital. A year goes by, I get my I140 approved and am on a waiting list. My country's visa bulletin is current. I cannot work, so I extend my go back to being a student(bachelor degree) and wait to get my green card. Is that something that sounds possible?
After reading all those posts regarding foreign nurses trying to get green cards, I am still confused about certain things. I need them claryfied baldy. Please!
OK, let's assume that I am on a student visa, just graduated with an ADN, just passed the NCLEX and found a hospital willing to file I140 for me and sponsor me. I do my OPT in that hospital. A year goes by, I get my I140 approved and am on a waiting list. My country's visa bulletin is current. I cannot work, so I extend my go back to being a student(bachelor degree) and wait to get my green card. Is that something that sounds possible?
Or did I get it all it wrong?
If your country of birth says that your priority date (date when I-140 was received by USCIS) is already current then you could file for I-485 (Adj. of Status) and EAD (Employment Authorization Document) already. You can work with the EAD. You don't have to wait for the actual GC to be able to work and in fact if their is no improvements on the current immigration system as it is, it would be years before you get your GC. You will be leaving off your EAD for a while like most people who were able to file their AOS and EAD in 2006 and 2007. Majority are already on their 2nd year on EAD.
*FYI: There is a possibility that USCIS may suspend concurrent filing of the I-140 and the I-485 and EAD. If this actually happens this would mean you have to wait for the I-140 to be approved first besides from waiting that you priority date becoming current.
I think there is something wrong with the plan. Once I140 is filed, an immigration intention is established. After OPT, you want go back to school to maintain your student status. You may have trouble doing this. On your new I20 application, there is a question asking if somebody has filed an immigration petition for you. You have to answer YES, and I don't think you can get a new I20 past OPT.
But after OPT, you can change to H visa stutus. For example you hubby is H1b, then you can change to H4. There is no problem. Unlike F visa, H visa is dual-intention. H visa allows immigration intention.
Now, going back to school after doing OPT seems to be a problem.
But it seems that I might not need to do that since after getting my I140 approved, I would file for I485 and EAD. Even after my OPT ends, I believe I am allowed to stay in the country until my case is resolved or do I need to have another status while waiting for EAD? That is my understanding of it. But then again, what do i know...
Ok, what about if I get my I140 approved and then I file for the I485 and EAD and wait to get these approved? Do I need to be on some sort of status while waiting to get these approved? Because this is the picture I have in my head: My OPT ends and I still haven't gotten my EAD and then what? Do I keep waiting? DO I need to leave the country? Or can I stay?
Now, going back to school after doing OPT seems to be a problem.
But it seems that I might not need to do that since after getting my I140 approved, I would file for I485 and EAD. Even after my OPT ends, I believe I am allowed to stay in the country until my case is resolved or do I need to have another status while waiting for EAD? That is my understanding of it. But then again, what do i know...
This is only viable if your PD will become current.
You cannot actually file for the I-485 and the EAD when you are not current. This is how retrogression affects everyone.
You are allowed to stay even if the I-485 is pending and theoretically be on EAD and be able to work on that status almost on perpetual basis (EAD is renewable every year until the I-485 is still pending) but that is if you were able to file for those 2. It has not been allowed since July and Aug. 2007 when almost all visa categories from all countries became current and no one knows for sure when it will become current again.
It's best if you consult an immigration lawyer for further details.
If you ask me, only hope is if the special legislation to give x amounts of visas specific for nurses passes in the US Congress.
Generally speaking, filing I140 or having an I140 approved does not allow one to stay in the country legally. Only filing I485 will allow one to stay in the country legally as AOS. You need to fina a legal visa status to stay after your OPT expires and before your PD becomes current. Failing to maintain a valid visa status will make one ineligible to file an employment-based I485 and subject to deportation.
The only exception to the rule is the ones who are in the H-1b status. After their I140 is approved. A H-1b foreign worker can have their H1-b extended for another three-year term. The # of extensions are unlimited until the final decision on the I-485 applications.
People who are under H-1b temporary worker status are less affected by the retrogresstion. A H-1b status usually can only be renewed once. After a total of 6-years, the foreign worker has to leave the country for at least one year. But with an approved I140, the foreign worker can have their H1b renewed for unlimited # of times till they get the final decision on their I485 applications. In this situation, an approved I140 allow them to legally stay and work before their PD become current.
I know a guy was on his 10-year H1-b when he finally got his green card.
This is only viable if your PD will become current.
You cannot actually file for the I-485 and the EAD when you are not current. This is how retrogression affects everyone.
You are allowed to stay even if the I-485 is pending and theoretically be on EAD and be able to work on that status almost on perpetual basis (EAD is renewable every year until the I-485 is still pending) but that is if you were able to file for those 2. It has not been allowed since July and Aug. 2007 when almost all visa categories from all countries became current and no one knows for sure when it will become current again.
It's best if you consult an immigration lawyer for further details.
If you ask me, only hope is if the special legislation to give x amounts of visas specific for nurses passes in the US Congress.
People who are under H-1b temporary worker status are less affected by the retrogresstion. A H-1b status usually can only be renewed once. After a total of 6-years, the foreign worker has to leave the country for at least one year. But with an approved I140, the foreign worker can have their H1b renewed for unlimited # of times till they get the final decision on their I485 applications. In this situation, an approved I140 allow them to legally stay and work before their PD become current.
I know a guy was on his 10-year H1-b when he finally got his green card.
Yes, you are correct. Someone on H1B is less affected by retrogression but we are talking about people on F1 student visas here. I think we shouldn't mention H1b in this thread as this might make those on F1 visas more confused.
As it to the immigrations, things can become very complicated. There are rare cases people on H1 status are in the nursing school part-time. So there are international nursing students in H1b status. Immigrations rule says H1-b can be renewed with an approved I140, but the rule does not say I-140 has to be from the current employer. In this scenario, a person can renew his H1-b with the I-140 from a hospital/agency employer till his PD become current, even though the h1-b work is completely unrelated to nursing. Also, if a person has two I140, the priorty date can be carried over. I know these rules because when I took my pre-req on weekends, I was in H-1b status.
I agree with you, we should not talk about H1b here any more to avoid confusions.
Yes, you are correct. Someone on H1B is less affected by retrogression but we are talking about people on F1 student visas here. I think we shouldn't mention H1b in this thread as this might make those on F1 visas more confused.
I just looked at the latest visa bulletin and almost all categories are current except for the 3rd category and other workers category(I'm talking about my own country). So again, I do not see why I wouldn't be able to file both I140 and I485.
jagoda
9 Posts
Hi,
After reading all those posts regarding foreign nurses trying to get green cards, I am still confused about certain things. I need them claryfied baldy. Please!
OK, let's assume that I am on a student visa, just graduated with an ADN, just passed the NCLEX and found a hospital willing to file I140 for me and sponsor me. I do my OPT in that hospital. A year goes by, I get my I140 approved and am on a waiting list. My country's visa bulletin is current. I cannot work, so I extend my go back to being a student(bachelor degree) and wait to get my green card. Is that something that sounds possible?
Or did I get it all it wrong?