Not working for my petitioner

World Immigration

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Hi. I came in the US (California) through an IV EB3. When I got here, I received my permanent resident card, SS ID, and applied for reciprocity of Nursing license to start working for my petitioner as a RN. However, the California Board of Nursing denied me of a license eventhough I hold a RN license from other state. They advised me to undergo additional coursework before I can be eligible for a California RN license. None of my employer and immigration lawyer informed me beforehand about this problem with the Cali Board of Nursing. In fact, the job offered to me and presented in the US embassy back home is a RN position -So, I assume a smooth transition once I just get my visa.

My problem now is that I cannot work as a RN. My employer advised me to process for a LVN license instead and they cannot spend for my additional coursework if I really intend to practice as a RN.

I thought of going in other state since I have my permanent resident card already, and just apply for a RN job with other employer. By the way, I did not sign any contract with my petitioner and I was the one who paid for immigration services - not them. The only thing that cause me to hesistate with my plans of moving into another state is that they are my petitioner. And I thought I'll be having problems in the future once I apply for naturalization - since not working for my petitioner could be a fraud.

Need some expert advise.. thanks.

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Specializes in Complex pedi to LTC/SA & now a manager.

Your expert advice needs to come from an immigration attorney. Preferably one that you retain not the one working for your sponsoring employer. You can search the USCIS to see if there are any specifics relating to your situation. They are the ones to secure "expert advice" from not an anonymous online message board.

The issues with IENs not having sufficient/equivalent per CABRN has been going on for the last 3-4 years and has been extensively discussed in various forums for quite some time.

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thanks. actually, i just realize that my immigration lawyer could possibly be biased with me. After I sought advice from them, I never heard any response or decision from my employer in my case. I was thinking, all i've said to the lawyer were relayed to my employer because I never received reply from them like a correspondence that I can use as proof in the future that I have presented myself in good faith and that my deficiency (unlicensed) cause them to deny me of employment.

I also called the USCIS and they told me that for as long as im a LPR Im free to move around and can look for other employers. the requirements for naturalization doesnt include if I have worked for my petitioner.. Thanks!

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Specializes in ACNP-BC, Adult Critical Care, Cardiology.

You could work anywhere with a Green Card. That was quite common with colleagues during a time when I was at your stage in my journey here. Naturalization (applying for US citizenship) does not require a sponsor. You are voluntarily giving up your citizenship of birth and seeking admission as a US citizen.

The only issue I could see is if and when you need to renew your Green Card but typically the duration of the Green Card is long enough that you could apply for naturalization and get approved with the Green Card still current.

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Hi! May i know from which state are you licensed?i have the same problem as yours.

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Hi. In New Mexico. Hows your application for endorsement of license.

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Hi leemohan7..actually I havent endorsed my license yet. I was merely searching websites and forums to a case that might be similar as mine. I was interviewed last april 22, 2014 under EB3 category by the US embassy in Manila and just like you, my petitioner is in california, However I wasnt granted the visa at the time because they asked for proof of NCLEX passing. I havent taken the NCLEX RN exam yet at that time. And since I am quite aware that CABON requires SSN to apply for licensure by exam, I opt to apply in the state of Colorado to which thank God I passed the exam last June 10, 2014. As you said, your licensed in New Mexico, Did you present your NCLEX pass letter during the consular interview? Were you asked anything about how you will endorse your New mexico license to california? Did you encounter any problems during the consular interview and were you granted the visa right away? I have yet to submit my NCLEX pass letter to the US embassy. How are you now? did you talk to your employer or anything? Thankyou and so sorry I asked too many questions. Hope you can help enlighten me. Thanks a lot. Godbless..

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Hi leemohan7..actually I havent endorsed my license yet. I was merely searching websites and forums to a case that might be similar as mine. I was interviewed last april 22, 2014 under EB3 category by the US embassy in Manila and just like you, my petitioner is in california, However I wasnt granted the visa at the time because they asked for proof of NCLEX passing. I havent taken the NCLEX RN exam yet at that time. And since I am quite aware that CABON requires SSN to apply for licensure by exam, I opt to apply in the state of Colorado to which thank God I passed the exam last June 10, 2014. As you said, your licensed in New Mexico, Did you present your NCLEX pass letter during the consular interview? Were you asked anything about how you will endorse your New mexico license to california? Did you encounter any problems during the consular interview and were you granted the visa right away? I have yet to submit my NCLEX pass letter to the US embassy. How are you now? did you talk to your employer or anything? Thankyou and so sorry I asked too many questions. Hope you can help enlighten me. Thanks a lot. Godbless..

do you have a license? According to the Colorado board of Nursing a ssn is required. I think you know that their maybe issues getting a CA license, unless your employer is in CO I think you know you are trying to shirt the system.

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hi ysejikem. my interview was very smooth. and that time, i didnt have a RN license. I had visascreen which I acquire through CGNS qualifying exam plus an english proficiency. The consul asked me only 2 questions, about the employer and the offered salary. He didnt ask if I already have a RN license . When I got here in California, I took NCLEX for a New Mexico license since I processed for the said exam when I was in PH and had no SSN. I didnt have a single idea about the problem with the BON California until I initiated the process for endorsement. So now, Im planning to move in another state where I can apply for reciprocal license without delays.

To cut it short, I cant work for my sponsor of course, I have my greencard, USRN (New Mexico) license, and discerning which state I will apply for license endorsement. By the way, I applied endorsement of license with Cali BON and still waiting for reply. I also started the process for Nevada. Im optimistic with the latter. I hope u get through ur embassy interview. The most important thing is to get here and have ur greencard. Good luck

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Specializes in ACNP-BC, Adult Critical Care, Cardiology.
hi ysejikem. my interview was very smooth. and that time, i didnt have a RN license. I had visascreen which I acquire through CGNS qualifying exam plus an english proficiency. The consul asked me only 2 questions, about the employer and the offered salary. He didnt ask if I already have a RN license . When I got here in California, I took NCLEX for a New Mexico license since I processed for the said exam when I was in PH and had no SSN. I didnt have a single idea about the problem with the BON California until I initiated the process for endorsement. So now, Im planning to move in another state where I can apply for reciprocal license without delays.

To cut it short, I cant work for my sponsor of course, I have my greencard, USRN (New Mexico) license, and discerning which state I will apply for license endorsement. By the way, I applied endorsement of license with Cali BON and still waiting for reply. I also started the process for Nevada. Im optimistic with the latter. I hope u get through ur embassy interview. The most important thing is to get here and have ur greencard. Good luck

Why not try to find work in New Mexico since you already have a license there?

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i worked in a remote place in Saudi before. I dont want to experience lifeless life in the middle of a desert anymore. Geographically, Nevada is likely the same but it is more populated and u know Las Vegas stuffs.

I really wonder why u were denied from a visa. I believe u have VS certificate, right? that is the minimum requirement to qualify for an EB3 visa aside from employer's sponsorship

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Specializes in ACNP-BC, Adult Critical Care, Cardiology.
i worked in a remote place in Saudi before. I dont want to experience lifeless life in the middle of a desert anymore. Geographically, Nevada is likely the same but it is more populated and u know Las Vegas stuffs.

I guess it's a matter of preference and opinion. I've been in many parts of the US and have spent time in Las Vegas and Albuquerque. To me, Albuquerque is so much more attractive and livable than Las Vegas. Never been to Santa Fe and I would love to see it just for the culture and arts that are unique to that area. But then again, I've never been a Vegas fan.

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