New BSN Grads

suzanne4, RN · Dec 11, 2007

With things the way that they are now, there is not going to be much of a chance for the AOS to open up again before you are finished with your OPT. Alot is also dependent on your country of birth.

If you do not continue on with your studies after you complete your OPT, you will be out of status. You only have 60 days to remain in the US if you are unable to start the petitioning process and have the I-485 submitted.

You can complete the process while you are out of the country if you go thru Consular Processing, but please be aware that there is no longer any guarantee that you will automatically get a green card by attending school in the US. It is no longer an automatic done deal anymore since this past retrogression started last year.

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Do you already have a Bachelor's degree that you obtained in the US? Did you use the OPT with that? If so, then you will not be able to get another OPT, or if you had one with a Bachelor's degree and are now in an ADN program.

zakuro · Dec 11, 2007

With things the way that they are now, there is not going to be much of a chance for the AOS to open up again before you are finished with your OPT. Alot is also dependent on your country of birth.
If you do not continue on with your studies after you complete your OPT, you will be out of status. You only have 60 days to remain in the US if you are unable to start the petitioning process and have the I-485 submitted.
You can complete the process while you are out of the country if you go thru Consular Processing, but please be aware that there is no longer any guarantee that you will automatically get a green card by attending school in the US. It is no longer an automatic done deal anymore since this past retrogression started last year.
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Do you already have a Bachelor's degree that you obtained in the US? Did you use the OPT with that? If so, then you will not be able to get another OPT, or if you had one with a Bachelor's degree and are now in an ADN program.

Thanks so much, suzanne!

If I find a hospital right after graduation (May 2008) that could give sponsorship to me and start the petitioning process right away, do you think there's a chance I can get the green card in one year (before I complete my opt)? And since you said "You only have 60 days to remain in the US if you are unable to start the petitioning process and have the I-485 submitted", does it mean if I already started the petitioning I could stay in the US for the green card to be issued?

suzanne4, RN · Dec 11, 2007

The issue that you are up against is the fact that there are no visas available right now. And add into that equation that the US was forced to accept about 800,000 petitions this summer and there are only 140,000 green cards issued annually for those under the EB-3 category which is what you would be under.

We are not expecting that to open up for two to three years at the earliest. Even if you find a facility right after you pass the NCLEX-RN exam, there is nothing that they can do other than file the I-140 for you, but that does not permit you to remain in the US once you finish your OPT. Only if you can get the I-485 submitted, can you remain here, and that is where the problem is; it is not being accepted now and that is what you need to adjust your status, or start the AOS process if you heard of it in those terms.

The OPT is actually part of the student visa, and is covered under that. If you are no longer under the student status, then you will not be able to remain in the US. You are given 60 days from the last day of your studies, or the last day of your OPT. After that, you are out of status.

If you have the I-140 alone submitted, you cannot remain in the US; only when the AOS is filed, can you remain here while you are undergoing the processing. There is already much written on this very topic so you can just do a search here to find out more about it.

To legally remain in the US after the OPT, if you cannot get the I-485 submitted, you will have to continue on with your schooling. And when the OPT is over, you will not be permitted to work full-time any longer and will have to go thru the same process to work as with the BSN.

zakuro · Dec 11, 2007

Thanks Suzanne for being there!

By "open up in 2-3 years", do you mean it will become unlimited again? And if i go back to school after finishing the opt, they won't stop processing my application, will they?

Thank you!!!

zakuro · Dec 12, 2007

I have another question Suzanne, how could people work during study? Isn't it not allowed to work outside the school? So if I go back to school after i used up my opt will the hospital where I work during opt still sponsor me to finish the application? I was quite confused....

suzanne4, RN · Dec 12, 2007

Thanks Suzanne for being there!
By "open up in 2-3 years", do you mean it will become unlimited again? And if i go back to school after finishing the opt, they won't stop processing my application, will they?
Thank you!!!

It has never been unlimited before, there has always been restrictions of some type in place. But the issue now is that there are many more that also wish to get a green card for the US.

At this point, there is no guarantee that you will be able to get a green card when you finish. Going back to school will not stop them from processing anything, but the issue is that there is no guarantee that you will be able to remain in the US and work.

There just are not any visas now, and there are many more already waiting, that could fill up things for the next five years plus.

You get the MSN and find a job that requires at least that for the entry in that job, then you have a better chance. But the BSN alone, no longer guarantees anything.

suzanne4, RN · Dec 12, 2007

I have another question Suzanne, how could people work during study? Isn't it not allowed to work outside the school? So if I go back to school after i used up my opt will the hospital where I work during opt still sponsor me to finish the application? I was quite confused....

You can only work maximum of twenty hours per week if you qualify for it, it is not automatic. It will be up to the facility as to what they want to do, but they do know that you cannot work once the OPT is finished in a full-time capacity until you have the visa that will permit you to do so.