Need help about H1B visa

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Hi everyone! I have a complicated issue..I got my BSN degree from NY and graduated 2009, and got my license the same year. I work in a small pediatric clinic, and my boss sponsored me to apply for h1b visa, but the application get denied, so technically, i am out of status now. I have gone through two different lawyers, then the third lawyer told me this was never going to work. The US government doesn't approve for RN anymore other than some specialty nurses with experience. But i really want to make sure is it really impossible to get a H1b for nurses like me these days. The reason that i got denied because NY state doesn't require a RN to have BSN degree and the position i am at does not consider a "specialty occupation". I really don't know what to do at this point now and I feel hopeless. The reason i am not going back to my country is because my families are all here. So, please give me some advice of what else that i can do at this point? Thank you so much~!!!!!! :crying2:

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Specializes in Medical and general practice now LTC.

H1b is a specialist visa and you have to meet requirements and employer has to prove that the job requires BSN.

If out of status then hard to become in status and depending how long you have been out of status will depend if you occur a ban. You may have no choice but consider returning home

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Hi Silverdragon102 thak you for your reply. My OPT expired June 2010. So starting that time my status is out. But, actually i am still waiting for an other H1b application, because i had submitted two different applications by different lawyers. So i am out of status, but i can still wait here in Us for the result for the second petition. But i think the second one is pretty hopeless too.

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Specializes in Medical and general practice now LTC.

Even if waiting for another application you are out of status and looking towards a 3 year ban if caught. There is a small delay of x amount of days before the 3 year ban only off the top of my head I am not sure how many days there is.

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Hi Alli_soso,

Sorry to hear your problem, I am wondering if you had such a nice employer who would file for H1B why did not they put you in case manager or somewhat in managerial position while applying H1. If you are filing again try to change the job description and position, once you are accepted you can always work as RN.

Talk with your employer and try your best.

Good luck,

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