Is is possible???

lawrence01 · Apr 13, 2007

Hi all!
I have a pending green card application *it will turn 2 years this August* and I I'd like to know if I can take the NCLEX-RN exam in Saipan without losing my petition. Is it possible?
One time my mother had this 10 years multiple US tourist visa and it was cancelled when she applied for a working visa. A different case but could be similar to mine right now. Or at least might happen.
Thanks in advance for your replies!
J

Is that GC application via family-based petition or employment-based ?

suzanne4, RN · Apr 13, 2007

A working visa is a temporary visa, so that is why the tourist visa got cancelled. The green card is another status, permanent residency, and will not affect a tourist visa.

You can sit for the exam in Saipan without any issue.

potatomasher · Apr 13, 2007

lawrence01, it is family based. Actually I was told by some relative in the US to find an employer after I pass the NCLEX-RN and IELTS...but I won't give into that option because of the retrogression and it would be too wasteful to cancel the ongoing petition and have another one.

suzanne4, thanks for clarifying this.

Jan

lawrence01 · Apr 14, 2007

lawrence01, it is family based. actually i was told by some relative in the us to find an employer after i pass the nclex-rn and ielts...but i won't give into that option because of the retrogression and it would be too wasteful to cancel the ongoing petition and have another one.
suzanne4, thanks for clarifying this.
jan

family-based petitions coming from the philippines takes years. not just 2 years. you can refer to the visa bulletin from uscis on what is the current date that they are processing and you can see that it's still below the year 2000.

they were correct when they advised you to go for employment-based petition. it will always be the fastest, even w/ the retrogression. i suggest you consult a good lawyer but lawyers always advises to go for eb-petitions hands down compared to fb-petitions.

and suzanne is right. your mother's tourist will automatically be canceled since she adjusted to having a working visa. you can't have a tourist and a working at the same time.

good luck.

potatomasher · Apr 14, 2007

family-based petitions coming from the philippines takes years. not just 2 years. you can refer to the visa bulletin from uscis on what is the current date that they are processing and you can see that it's still below the year 2000.
they were correct when they advised you to go for employment-based petition. it will always be the fastest, even w/ the retrogression. i suggest you consult a good lawyer but lawyers always advises to go for eb-petitions hands down compared to fb-petitions.
and suzanne is right. your mother's tourist will automatically be canceled since she adjusted to having a working visa. you can't have a tourist and a working at the same time.
good luck.

lawrence01, my father (he's in the us) had factually filed the petition in the us through the california service center...i am checking it from time to time through the uscis website. i have a i130 petition and it says that they are currently processing cases that were received january 2005 (mine is august 2005).

just correct me if i'm wrong. i'm new to this petition stuff

with much thanks!

jan

lawrence01 · Apr 14, 2007

lawrence01, my father (he's in the US) had factually filed the petition in the US through the California Service Center...I am checking it from time to time through the USCIS website. I have a I130 petition and it says that they are currently processing cases that were received January 2005 (mine is August 2005).
Just correct me if I'm wrong. I'm new to this petition stuff
With much thanks!
Jan

That is solely your decision. You may want to consult another lawyer for a 2nd opinion or advice on w/c is best but the decision will always be up to you and if you decide to go through w/ your FB petition then you will then have to wait for it then.

Good luck.

potatomasher · Apr 14, 2007

I did some research online about this and yes, having a GC thru FB petitions can take a verrrrrrrrrrrryyyyyyyy long time!

So I will have to scout for possible employers out there!

But first I have to finish all the exams!

Hugs to you all!

Jan

lawrence01 · Apr 14, 2007

I did some research online about this and yes, having a GC thru FB petitions can take a verrrrrrrrrrrryyyyyyyy long time!
So I will have to scout for possible employers out there!
But first I have to finish all the exams!
Hugs to you all!
Jan

Definitely, finish he exams 1st and worry about the immigration and job-hunting later. You need to have proof of passing either NCLEX or the CGFNS exam for an employer to petition you and they can't file anything, even if they want to, w/o those documents.

Good luck w/ your endeavors.

suzanne4, RN · Apr 14, 2007

FB based petitions out of PI are taking ten years plus, and some much longer. There are many from there that are currently being petitioned.

Employer-based is always much faster, but you cannot do a thing with that until the exams are passed.

jano, LPN, LVN · Mar 27, 2008

Suzanne,

I have an f2b pd july 7, 1997. I have graduated BSN in 2006, passed NCLEX and Ielts and processing visa screen. Would my I-130 be cancelled if I get a sponsor via employment or I-140? Thanks

suzanne4, RN · Mar 28, 2008

You cannot have two petitions in play for immigrant visa status. Just not possible, one is going to get cancelled out, and usually both if the government discovers this.

Please be aware that the family based petitions are taking close to twenty years from your country due to the number of applicants that have been petitioned by their family members. Please look at the dates that are being worked on now in the Visa Bulletin.