International nursing students in the US

World Immigration

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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.

I would like to know if a F1 bsn student who has already graduated can file for greencard and continue with graduate schoo while waiting for the retrogression to be lifted.

Specializes in CTICU.

For what reason would you do that? Employment based? Marriage based? You cannot do employment-based petition due to retrogression (and the economy). You could still apply for family-based petition.

Specializes in Medical and general practice now LTC.

If you find a petitioner you can start the process but expect waiting to be years due to retrogression and can you afford to stay in school that long? You will not be able to work and wait. May have to consider another country or return home and wait processing

Hi,

From what I have read it seems that the only option after one gets petitioned by a hospital(during OPT) is to go back to his/her native country and wait until their PD becomes current to be able to file I-140. Is that correct? Can it be done outside the US?

Because once OPT is over, one can no longer stay legally in the US unless he/she goes back to school.

I'm getting confused here.

In my previous post, I meant I-485, not I-140. Forgot that I-140 can be filed regardless of retrogression.

Specializes in Medical and general practice now LTC.
Hi,

From what I have read it seems that the only option after one gets petitioned by a hospital(during OPT) is to go back to his/her native country and wait until their PD becomes current to be able to file I-140. Is that correct? Can it be done outside the US?

Because once OPT is over, one can no longer stay legally in the US unless he/she goes back to school.

I'm getting confused here.

At the moment there is no way you can file 485 change status and be able to stay in the US and work. To be able to AOS (485) visas must be current so unless you maintain status as a student you have no choice but leave the US whilst waiting for your PD to be processed. Hope this makes things clearer

One also has to remain in the US to be able to file the I-485 when they are available. You cannot return to your home country and wait for things to become current. The I-485 is on hold per the US government and we do not expect it to open up for years. There already was an issue with them and more than 800,000 were submitted last summer when the US got forced into accepting them. And the fact that there are only 140,000 green cards issued per year and this does not even take into account those going thru Consular Processing, so that puts things at over a five year wait at the earliest.

The only petition that can be submitted is the I-140 and this can be done either in the US or from out, but the fact remains that nothing is being accepted after that. So there is no way to remain in the US if you do not continue on as a full-time student. The OPT is actually under the F-1 status.

I am on F-1 visa, going to be graduating in May 2009 from university in Chicago area. I am confused with all the paperwork and due dates that need to be done, my plans are to stay in US and work here, also get a green card.

So if I am graduating on May 4 of 2009, and my F-1 will be stopped. The earliest I will be able to take NCLEX at the end of June due to paper work my school will be preparing for NCLEX exam.

I will apply for OPT no later than March 4, Correct?

Then I have to start working no later than July 4th, so... I am wondering what if by that time I will not know the NCLEX results and what if I don't pass it the first time?? What happens with OPT.

Other concern is that I am volunteering at the hospital, I thought I would put it on my resume since I've never worked, but I just found out that I need CPT for it, and as far as I read on this forum, that if I get CPT it will take time off my OPT, is that true? if yes, then do you think I should stop volunteering and not bother with CPT so I could have a full year of OPT???

Gosh... so confusing? I am so nervous since there will be million things to do in addition to passing NCLEX:cry:

Please, guide me with all the steps I need to take to be straightened with the paperwork.

I am so glad I found this forum, thanks everybody for being so supportive and sharing your time with others:yeah:

Specializes in Medical and general practice now LTC.
I am on F-1 visa, going to be graduating in May 2009 from university in Chicago area. I am confused with all the paperwork and due dates that need to be done, my plans are to stay in US and work here, also get a green card.

So if I am graduating on May 4 of 2009, and my F-1 will be stopped. The earliest I will be able to take NCLEX at the end of June due to paper work my school will be preparing for NCLEX exam.

I will apply for OPT no later than March 4, Correct?

Then I have to start working no later than July 4th, so... I am wondering what if by that time I will not know the NCLEX results and what if I don't pass it the first time?? What happens with OPT.

Other concern is that I am volunteering at the hospital, I thought I would put it on my resume since I've never worked, but I just found out that I need CPT for it, and as far as I read on this forum, that if I get CPT it will take time off my OPT, is that true? if yes, then do you think I should stop volunteering and not bother with CPT so I could have a full year of OPT???

Gosh... so confusing? I am so nervous since there will be million things to do in addition to passing NCLEX:cry:

Please, guide me with all the steps I need to take to be straightened with the paperwork.

I am so glad I found this forum, thanks everybody for being so supportive and sharing your time with others:yeah:

Welcome

You do realise even after you have completed OPT with retrogression there is no way that you can stay and work due to there being no visas and unable to adjust your visa.

Hi Palme,

Try to schedule and take your NCLEX ASAP after your graduation, and make sure you pass it for the first time, or else you have to wait for another three months. That way, you will be eligible to work under OPT.

Good luck!

I am on F-1 visa, going to be graduating in May 2009 from university in Chicago area. I am confused with all the paperwork and due dates that need to be done, my plans are to stay in US and work here, also get a green card.

So if I am graduating on May 4 of 2009, and my F-1 will be stopped. The earliest I will be able to take NCLEX at the end of June due to paper work my school will be preparing for NCLEX exam.

I will apply for OPT no later than March 4, Correct?

No, that is not correct. You can apply up to 90 days before the last day of your classes. Considering that it will take you some time before you will get your license it's in your best interest to postpone your OPT as much as possible. I would recommend to apply about one week before last day of your classes via first class mail with a tracking number. Make sure they will receive your application before the last day of the classes. Also, in SEVIS your adviser has to specify the start day for your OPT. Make sure (s)he will request the start day 59 days later then your last day of classes (There is a 60-day grace period for international student during which they can apply for OPT, change of status, or leave the country). Again, this will buy you some time to make sure you will get a full year of OPT after you get your license.

Then I have to start working no later than July 4th, so...

So, who told you that?

Other concern is that I am volunteering at the hospital, I thought I would put it on my resume since I've never worked, but I just found out that I need CPT for it, and as far as I read on this forum, that if I get CPT it will take time off my OPT, is that true? if yes, then do you think I should stop volunteering and not bother with CPT so I could have a full year of OPT???

Not correct, again. Please consider the difference between CPT and OPT. If you apply for curriculum practical training (CPT), it will not be deducted from your postcompletion OPT, but if you apply for pre-completion OPT, it will be deducted from your one-year OPT after graduation. You don't need to apply for OPT or CPT to include your volunteering experience in your resume. But it also depend on your position in the hospital. For example, if you work as a CNA for free, then USCIS will not consider it volunteering, but rather employment without authorization.

I would strongly suggest to go to the primary source and read it carefully.

http://www.ice.gov/sevis/regs/8cfr214_2f.htm

http://www.ice.gov/sevis/students/opt.htm

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

Hi Suzanne,

I'm from Belize and I have my BSN from a US university and at the moment I'm on OPT and it ends June 22nd. I'm currently in Florida working but no hospital seems to sponsor here (my supervisor is not aware that I am on OPT but HR knows). Can you tell me what options are available to me to stay and work? Also can you explain where the AOS fits in cuz I'm confused on that. Also is there still no H1B visa for nurses? On OPT can I work over 40 hours? I'm confused on what to do and before today I didn't know hospitals were not recruiting international nurses due to the retrogression. I'd appreciate any help.

Lyn

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