Immigration Issues

Silverdragon102, BSN · Nov 19, 2007

hello everyone,
i am a bsn student graduating from a ny university in may 2008 and i am on a f1 visa and i have used my opt already...i also have a masters in health administration...and i am originally from india...and planning to give nclex in june 08....
i did post about the immigration issues here and i got wonderful help from lot of members....i want to thank you for that help...
now, i am still not very sure if i understand the whole retrogression concept...i tried searching the forum and read some responses of the moderators on this issue....but still not sure ...
i have some questions if someone can please please help me out with it...
1) looking at my case what do you guys thing is the best option for me?
2) is there any website or specific articles that explain the whole retrogression process and their updates? retrogression basically means no visas current and visa bulletin will give their updates and out approx 15th month visa bulletin
3) i have a masters in health administration ..so i am eligible for h1b under the master's quota...should i find someone to sponser my h1b or wait for the schedule a gc?you could meet h1b but need to find an employer and generally not looking as a nurse. no guarantee you will get h1b and visas are usually gone in hours and allocation gets smaller each year
4) i have heard that there are recruiting agencies that sponser your green card like they do in software field...anyone knows about some of these recruiting agencies - website or phone #?why look for agencies when you can find hospitals willing to petition
5) can some agency or hospital or clinic sponser my h1b as a nurse manager because i have the educational qualification for that and then i can work as a rn for them?
6) what are possible chances of having the schedule a quota when i graduate in may 08?there are no schedule a for nurses
7) if we have a schedule a quota then can we file for our family also - i mean dad, mom, wife etc - and how long will it take for them and yourself to get the gc?again no schedule a for nurses and no idea if it will return. however when filing family you can only do spouse and children, parents can't be done until us ctizen after 5 years
8) f2 visa for my wife was deneid 2 times - they said that she should wait till i start earning - what should i do or what are the possible options to get her here in usa?until you get a valid work visa i do not think you can get your wife into the us
9) i am gonna start job search from end of december...do anyone know which hospitals or agencies or clinics sponser gc? any names and list available? you need to ring them
i know these are a lot of questions....and really sorry for asking so many questions....but i am in a middle of this and i dont know what to do....
i would really appreciate your help
thanks in advance...
hope to hear from you all soon....
raj

h1b is a risk and no guarantee of getting one. if you do not maintain your student visa/status seeing as you have already used opt then you are looking at leaving the us. things may change by the time you complete training and pass nclex but be aware many hospitals are not taking foriegn nurses on due to retrogression and also things may slow down with it being an election year

4given24 · Dec 21, 2007

hi!!!

im a bsn grad in the PHils. and just took the local boards last december.. still waiting for the results on february '08... my fiance petitioned me for a K1 visa (petition fo alien fiancee). the uscis received the petition lasT august 2007.. since we are affected by the retrogression, and if ever our petition be approved next year, can i work as an unlicensed practical nurse in Ca while processing fro NCLex?

help me... what requirements do i need to get on a job? thanks

more power

lawrence01 · Dec 21, 2007

hi!!!
im a bsn grad in the PHils. and just took the local boards last december.. still waiting for the results on february '08... my fiance petitioned me for a K1 visa (petition fo alien fiancee). the uscis received the petition lasT august 2007.. since we are affected by the retrogression, and if ever our petition be approved next year, can i work as an unlicensed practical nurse in Ca while processing fro NCLex?
help me... what requirements do i need to get on a job? thanks
more power

No, you can't. You need to be licensed to do so and therefore need to pass the NCLEX-PN, otherwise you will be working illegally. Actually, no one will hire you if you are unlicensed. You can't work as an unlicensed practical nurse much as the same way you can't work as an unlicensed RN regardless of your immigration status. A US Citizen can't even work as an unlicensed practical nurse. It would be illegal.

Why not process your NCLEX-RN right now? There is no reason why you can't do it now while waiting then you can just take the exam while in the US under K1. You may even take the NCLEX-RN in Makati, PH before you go to the US on a K1 visa.

suzanne4, RN · Dec 21, 2007

Hello Everyone,
I am a bsn student graduating from a NY university in may 2008 and i am on a F1 visa and i have used my OPT already...I also have a masters in health administration...and i am originally from india...and planning to give NCLEX in june 08....
I did post about the immigration issues here and i got wonderful help from lot of members....i want to thank you for that help...
Now, I am still not very sure if i understand the whole retrogression concept...I tried searching the forum and read some responses of the moderators on this issue....but still not sure ...
I have some questions if someone can please please help me out with it...
1) Looking at my case what do you guys thing is the best option for me?
2) Is there any website or specific articles that explain the whole retrogression process and their updates?
3) I have a masters in health administration ..so i am eligible for H1B under the master's quota...should i find someone to sponser my H1B or wait for the schedule A GC?
4) I have heard that there are recruiting agencies that sponser your green card like they do in software field...anyone knows about some of these recruiting agencies - website or phone #?
5) Can some agency or hospital or clinic sponser my H1B as a nurse manager because i have the educational qualification for that and then i can work as a RN for them?
6) What are possible chances of having the schedule A quota when i graduate in may 08?
7) If we have a schedule A quota then can we file for our family also - i mean dad, mom, wife etc - and how long will it take for them and yourself to get the GC?
8) F2 visa for my wife was deneid 2 times - they said that she should wait till i start earning - what should i do or what are the possible options to get her here in usa?
9) I am gonna start job search from end of december...do anyone know which hospitals or agencies or clinics sponser GC? Any names and list available?
I know these are a lot of questions....and really sorry for asking so many questions....but i am in a middle of this and i dont know what to do....
I would really appreciate your help
Thanks in advance...
Hope to hear from you all soon....
Raj

Recruiting agencies that offer the H1-B, stay away from them, a hospital cannot use with that visa at all, no matter what the agency tells you, and especially in NY. Most of the hospitals are unionized and they do not permit temporary visas like this one.

If you get hired by a company because of your Master's degree, you will be working for them in that role, not in the role of the RN.

It will be hard for you to get hired as a Nurse Manager if you do not even have any experience as an RN. New grad RNs do not get hired directly as a Nurse Manager, and that is what you would be considered in the field of nursing since you will have had no work experience in that area. And again, hospitals are unable to sponsor you for the H1-B visa, and you will not see that happen.

The H1-B petition is only accepted two times per year, and next will be in Apri, then again the following October. You must have the NCLEX passed, as well as have a Visa Screen Certificate in hand if the job is to have anything to do with nursing before the petition can even be submitted.

Your Master's is not in nursing, so it does not give you any benefit in terms of getting a visa for the US in the role of the RN. You would need to be hired in a job that requires the MSN as an entry for that specific job to get any benefit of the EB-2 visa for the green card.

With things the way that they are right now, you are going to have difficulties in getting a visa as an RN as there are no visas available at this time and with the retrogression in place and your country of birth added into the equation, chances for even the next two to three years are slim.

Remember that graduating from a nursing program in the US no longer guarantees that you will be able to remain in the US to work afterwards, there is no benefit for you for immigration other than the English exams are waived. If there are no visas, then one cannot remain here to work, and especially since you will not have the OPT there for use. If you do not keep your student status after you finish this degree, you will only have 60 days to remain in the US.

There is no Schedule A and we do not expect it to return as all of the recapped visas have been used this past spring so there are none to place back in there at this time. Also add into it the fact that there were more than 800,000 petitions for AOS that were submitted in July/August when there were no visas available and the fact that the US only issues 140,000 total green cards per year under the EB-3 category which is what you will be under with the BSN. And add into that equation that the US never issues more that a little under 10,000 visas per country of birth. Many IT people from your country that come here on H1-B visas, are also under this same restriction for the green card and that is why there was such a push this summer to get their petitions in when they have been here several years waiting for that opportunity.

If asking me what I would do, that would be to go on and get an MSN, that would permit you to get a job that requires that for the initial job offer and then you could qualify under the EB-2 cateogry which is something completely different and give you a better chance.

But with the BSN and no experience as an RN, and a Master's in another field, it will not help with getting petitioned now for the green card under the EB-3 category at all.

4given24 · Dec 22, 2007

thank you lawrence01!!!

yeah i was planning to take the NCLEX here in PI since its been offered this year.. but the problem is that the result of the local board will be on february yet.. and if i review for nclex here in PI, im afraid our petition will be granted at that time and by then we will need to move to the US since it takes 3-4 months for a K1 to be granted. this month's the 4th month. (at least thats what uscis told us)

ill be just preparing for my NClex requirements while im still here..

do you have any links about the requirements, especially those that need my SChool's files so that when i move to the US i can sit for the exam already...

bytheway, will i be able to find any job after changing my status and receiving my SSN?, even not as a nurse yet.. (so that i can save and fund for my nclex exam??) how many months will it take me before i can find a job?

thank you so so much!!!

youve helped me a lot...

Godbless

Silverdragon102, BSN · Dec 22, 2007

thank you lawrence01!!!
yeah i was planning to take the NCLEX here in PI since its been offered this year.. but the problem is that the result of the local board will be on february yet.. and if i review for nclex here in PI, im afraid our petition will be granted at that time and by then we will need to move to the US since it takes 3-4 months for a K1 to be granted. this month's the 4th month. (at least thats what uscis told us)
ill be just preparing for my NClex requirements while im still here..
do you have any links about the requirements, especially those that need my SChool's files so that when i move to the US i can sit for the exam already...
bytheway, will i be able to find any job after changing my status and receiving my SSN?, even not as a nurse yet.. (so that i can save and fund for my nclex exam??) how many months will it take me before i can find a job?
thank you so so much!!!
youve helped me a lot...
Godbless

You shouldn't have any general problems finding a job as long as you can prove legal residency and to get a SSN will fit the bill, Congratulations on forth coming wedding and studying for the NCLEX

reason I say general is that you may not get a job straight away but keep at it and I am sure something will come up and Good luck

suzanne4, RN · Dec 22, 2007

Focus on passing the NCLEX-RN before even looking for a job.

You should have already applied to CA for licensure and gotten the process started. It usually is about four months from when you submit the required documents to be able to sit for the exam. If you did not take the NLE in the first place and just applied to CA, then you would have gotten approval very quickly. Because you wrote that exam, you need to pass it. The one thing that you do have in your favor is that you will not need the Visa Screen Certificate since you will be getting a green card thru a spouse. But average wait time for the K-1 visa approval has been about seven months lately, not just a few months.

We do not have unlicensed nurses in this country, you either hold a license or you do not, and you cannot consider yourself a nurse here or use that title if you have not passed a licensing exam someplace.

I would make sure that all of your documents are submitted to the CA BRN before you leave for the US, or you will just be waiting longer.

And once you get your SSN#, be aware that it is not immediate either, then you can get a job, but without passing of the NCLEX, it will not be in any licensed area in nursing. CNA category only.

The exam fee is only $200, and the cost for licensure is less than $200; not much at all in terms of American money.

4given24 · Dec 22, 2007

thank you so much silverdragon..

my school files, like transcript of records would need to be sent by the school ryt? so that means if i miss some requirements in the Philippines, and if im already in the states, can i just have someone send my papers for me?

thank you...

lawrence01 · Dec 22, 2007

thank you so much silverdragon..
my school files, like transcript of records would need to be sent by the school ryt? so that means if i miss some requirements in the Philippines, and if im already in the states, can i just have someone send my papers for me?
thank you...

Yes, that's right. That's why you need to start the process while still here. You will need to request your school to send the transcripts, request PRC to send in a license Validation form. etc.. There will be some groundwork that has to be done and would be best if you do it yourself rather than delegate it to someone. If the person you delegated the job made a mistake it could possibly make things longer.

In addition, the processing may take anywhere from 2 1/2 mos. (this is uncommon but possible) to as long as 6-8 mos. depending on w/c State BON or BRN you be applying for licensure. So, definitely do it yourself while still here and like I said, you may choose to either take it in Makati or in the US once you were granted the eligibility letter.