Quote from marian3798
I'm confused. Will anyone help me out please.
Here's my story.
Im a medical officer (MD) at a government institution in the Phil until now. Took up nursing, graduated, licensed, passed CGFNS certification and TOIEC at Philippines last 2004. Im here right now at USA as tourist waiting for CES approval (needed by Florida State Board) hoping that ATT would be released before October 26, 2007 (return ticket to home). My problems are: 1) my current employer allowed me to have only 45 days of vacation leave which will end on the above date, otherwise it will force me to resign. (btw, im married with 2 kids); 2) i believe, CES will be released after that date (maybe longer); and 3) no employer would hire RN without NCLEX.
I dunno what's the next best step to take? Can I get a job legally before my six month stay as tourist expires?
Thank you and more power.
If you want an honest answer, there is a good chance that you won't achieve anything and a good chance that you may loose your job.
No one will hire an RN that has no proper immigration/work authorization documents. You cannot work as RN by only having the license (passing the NCLEX), you have to be documentarily authorized to work by USCIS as well. Meaning, you have to undergo the immigration process and that process is not available right now. Last day of filing of the Adj. of Status was last Aug. 17 and this was only for those who were able to file their I-140 petitions by July 31. All I-140 petitions filed after July 31 cannot file the I-485 anymore (AOS).
If you want concrete answers, you may want to consult a reputable immigration lawyer but they will all be saying the same thing. It cannot be done now until retrogression is lifted. You can read some threads and posts here that has already consulted an immigration lawyer and they will say the same thing Suzanne said.
One way, is to just wait for your CES no matter how long it may take and then take NCLEX since you are already in the US, then go back home. No point worrying about your 45 days vacation leave expiring now since you already made the decision to take the NCLEX in the US. Don't know why you did it though since you can wait for the CES and take the NCLEX in Manila and still keep your job. That would have been a better choice, in my opinion.
However, since you chose to take it in the US and is currently in the US would mean that your intention was to really adjust status once you pass the NCLEX. Unfortunately, after passing the NCLEX and getting your license, there would be no venue to adjust your status.
You cannot work with just the State licesure and just the I-140 petition filed, w/c you can do as Suzanne mentioned. To be able to work you need the Employment Authorization Document (EAD) and that can only be filed if there is a pending AOS that was filed and since AOS cannot be filed during retrogression then you can't work legally.
It is still not too late though. You can still go back home now so that you can still keep your job and just take the NCLEX in Manila. If you want to take the risk, then you can wait for your eligibility to take the NCLEX and take it there and loose your job as a consequence because there is a good chance that your eligibility will not come before the date you mentioned and even if it did by chance and luck, you can't do anything with it either since AOS is not allowed anymore. By doing this you will be sacrificing your job for something that can be taken in Manila anyway and something you wish can be done but cannot (Adjust Status).
It is a no-win situation if you choose to wait it out there, in my opinion but it is your choice on what to do.