need help!

suzanne4, RN · Jul 1, 2007

You may take the NCLEX-RN for Texas, but they will not issue you a license until you present them with a SSN#. The ITIN# does not do you any good, as you cannot work with that.

You are only required to pass either the CGFNS exam, or the NCLEX-RN exam to have a facility start the petitioning process for you. But please be aware that we are under a retrogression at this time, and only the I-140 can be submitted. That is the initial petition and does not permit you to work or adjust your status which is done with the I-485 petition as well as the one for the EAD that will permit you to work. If you have passed the NCLEX-RN and are going for licensure in Texas, then there is no problem with finding an employer; you have a pending application with that state. Most employers are aware that the foreign nurse will not get an actual license from Texas until they are in the US with a visa that will permit them to work and are ready to begin work, that is when you get the SSN#, and then can submit it to them.

You will still need to pass the English exams if you have not done that already, as well as get a Visa Screen Certificate.

roseuglyfish · Jul 1, 2007

thank you so much, suzanne4. you are the best friend of all of us.

actually , I have already passed the English exam and got my CGFNS certification. And I plan to apply my VISASGREEN these days cause I was qualified with that program.

As you said, as I pass NCLEX-RN exam , I may start to find some hospital in Texas if there is no retrogression any more, otherwise, I still need to wait at home? when should I find an attorney,before I find the hospital or after I get the offer?

suzanne4, RN · Jul 1, 2007

Even if there is a retrogression, you can still look for an employer. The I-140 petitions are still submitted and accepted, it is after that where there will be delays.

You do not have any choice in the matter but just continue ahead with your plans. I would find the employer first, quite often they have their own immigration attorney that they contract with.

roseuglyfish · Jul 2, 2007

Thank you so much, suzanne4, you are real nice person. Now I feel better.

Hope I will pass my RN exam next month. :madface:

RNGrad2006 · Jul 2, 2007

hi, I am a foreign grad nurse. Now I'v recieved the ATT of NCLEX-RN of Texas nursing board. But I'm still confused , if I pass that exam, can I have the license of that state without my SSN? If not , how to deal with that? I am a F2 visa holder now, that means I have the possibility to obtain my ITIN, but I dont know if the ITIN will help in this state.
can I find a hospital which may hire and sponsor me without my license of Texas but passing the NCLEX-RN? If it's impossible, the exam becomes meanless.
Is there any one may answer this question for me? or is there someone had the same experiece just as mine? Pls tell me something , appreciations!

Why are you on F-2? Not F-1? I studied in the US and had a similar dilemma that nobody at my school informed me about that I wouldnt be able to be licensed since you need the SSN in order to get the license. To make matters worse I went to get my LPN first and needed a LPN licence in order to transition into the RN program. But I qualified for OPT and with my student visa after graduation and then got my SSN through that. Then I was able to get the licence. If you would be able to get OPT then you would be able to get your SSN and licence and even work until retrogression lifts but that doesn't seem to be the case for you. I realize it is a circle that is hard to get around. Believe me I know what you are going through. I finally was at the stage to file after so many obstacles along the way and now my attorney feels it is too great a risk to file tomorrow due to information that the I485 has a good chance of getting rejected even if it is delivered July 2 and if that happens I would have to leave the country. So we are going to continue to wait but we feel so frustrateed since it is unknown how long it will take and the longer we are not able to even file the I140 the longer we are not even at the starting point. But I need to continue working so I just cant take that chance right now. I wish you the best and hope you are able to get petitioned in Texas soon and that retrogression will be lifted through a bridge. All the best as you study for NCLEX. It is such a good feeling when that is finished. Such a huge accomplishment.

roseuglyfish · Jul 2, 2007

Why are you on F-2? Not F-1? I studied in the US and had a similar dilemma that nobody at my school informed me about that I wouldnt be able to be licensed since you need the SSN in order to get the license. To make matters worse I went to get my LPN first and needed a LPN licence in order to transition into the RN program. But I qualified for OPT and with my student visa after graduation and then got my SSN through that. Then I was able to get the licence. If you would be able to get OPT then you would be able to get your SSN and licence and even work until retrogression lifts but that doesn't seem to be the case for you. I realize it is a circle that is hard to get around. Believe me I know what you are going through. I finally was at the stage to file after so many obstacles along the way and now my attorney feels it is too great a risk to file tomorrow due to information that the I485 has a good chance of getting rejected even if it is delivered July 2 and if that happens I would have to leave the country. So we are going to continue to wait but we feel so frustrateed since it is unknown how long it will take and the longer we are not able to even file the I140 the longer we are not even at the starting point. But I need to continue working so I just cant take that chance right now. I wish you the best and hope you are able to get petitioned in Texas soon and that retrogression will be lifted through a bridge. All the best as you study for NCLEX. It is such a good feeling when that is finished. Such a huge accomplishment.

Thank you so much for your reply. Really appreciate your comfort and encouragement.

Both of you and Suzanne4 mentioned that the "petition in Texas", if I didnot misunderstand, that means my licensure process, right? Tell you the truth, I really dont know much about this process.

Yes, sometimes I just feel so frustrated. I'm not a student, but I still take so much pressure. But anyway, all bad things will go, we need to focus on what we decided to do .

Hopefully , the retrogression will be lift and all of us will make our dreams come true.

RNGrad2006 · Jul 2, 2007

Thank you so much for your reply. Really appreciate your comfort and encouragement.
Both of you and Suzanne4 mentioned that the "petition in Texas", if I didnot misunderstand, that means my licensure process, right? Tell you the truth, I really dont know much about this process.
Yes, sometimes I just feel so frustrated. I'm not a student, but I still take so much pressure. But anyway, all bad things will go, we need to focus on what we decided to do .
Hopefully , the retrogression will be lift and all of us will make our dreams come true.

Actually petitioning means that an employer will get the I140 process started for you in order to get the green card process started in combination with the I485 the adjustment of status. This is not part of the licensure process. Don't feel bad if you don't understand the process. It has taken me years to understand it all. It is very complicated and there are still many things we keep learning all the time. Once you are able to get your EAD (employment authorization card) this gives you work status and then you can apply for SSN which will give you licensure. The EAD takes about 3 months to get after the I140 petition is filed. The green card actually takes a lot longer but in the meanwhile you are able to work due to the EAD. But the tricky part now is that there may or may not be any visa numbers available for very much longer to file for I140/I485. If you are not able to be petitioned there is not much more you can do but wait. But we are hopeful that we just need to be patient and know there are many lobbying to get a bridge legislation for nurses. We consider it a privilege to be here so are thankful for that. All the best to you.

roseuglyfish · Jul 2, 2007

Actually petitioning means that an employer will get the I140 process started for you in order to get the green card process started in combination with the I485 the adjustment of status. This is not part of the licensure process. Don't feel bad if you don't understand the process. It has taken me years to understand it all. It is very complicated and there are still many things we keep learning all the time. Once you are able to get your EAD (employment authorization card) this gives you work status and then you can apply for SSN which will give you licensure. The EAD takes about 3 months to get after the I140 petition is filed. The green card actually takes a lot longer but in the meanwhile you are able to work due to the EAD. But the tricky part now is that there may or may not be any visa numbers available for very much longer to file for I140/I485. If you are not able to be petitioned there is not much more you can do but wait. But we are hopeful that we just need to be patient and know there are many lobbying to get a bridge legislation for nurses. We consider it a privilege to be here so are thankful for that. All the best to you.

Thanks a lot. :lol2:

But there is the new question, sorry, I have so many things need to be made clear. :uhoh3:

Suzanne4 said that as I pass the NCLEX-RN exam , I may start to find some employers and start to file my I-140 form even when it's retrogression now. But you said if the retrogression still exist and there is no visa numbers for us, I can file neither I-140 form or I-485 form as they are the parts of applying visa process. So what can I do at that time?

Is the visa numbers the precondition before we file our I-140/I-485?

Thank you.

RNGrad2006 · Jul 2, 2007

Thanks a lot.
But there is the new question, sorry, I have so many things need to be made clear.
Suzanne4 said that as I pass the NCLEX-RN exam , I may start to find some employers and start to file my I-140 form even when it's retrogression now. But you said if the retrogression still exist and there is no visa numbers for us, I can file neither I-140 form or I-485 form as they are the parts of applying visa process. So what can I do at that time?
Is the visa numbers the precondition before we file our I-140/I-485?
Thank you.

The I-140 is available even during retrogression but the I-485 is not. So until you are able to file both you will not be able to work. If you have further questions you can PM me.

suzanne4, RN · Jul 2, 2007

The F-2 visa is for the spouse of someone here under the F-1 visa.

The I-140 is accepted at all times by US immigration and is not affected by the retrogression. The issue is that the I-485 for the Adjustment of Status requires that visa numbers be current, that is why there is the big push for today to get things pushed thru today. And the petition for the EAD, which is separate from the I-485 is also affected.

You can start the process, but cannot work until they accept your other petitions and can issue you the EAD.

Licensure and petitioning are two very separate items, petitioning is thru the US federal govt. and licensing is just state. You need to have passed the licensing exam to start the petitioning process. That is the only way that they are linked at all.

roseuglyfish · Jul 2, 2007

The F-2 visa is for the spouse of someone here under the F-1 visa.
The I-140 is accepted at all times by US immigration and is not affected by the retrogression. The issue is that the I-485 for the Adjustment of Status requires that visa numbers be current, that is why there is the big push for today to get things pushed thru today. And the petition for the EAD, which is separate from the I-485 is also affected.
You can start the process, but cannot work until they accept your other petitions and can issue you the EAD.
Licensure and petitioning are two very separate items, petitioning is thru the US federal govt. and licensing is just state. You need to have passed the licensing exam to start the petitioning process. That is the only way that they are linked at all.

Thank you, Suzanne4, I really appreciate your help.