OPT to EAD

Silverdragon102, BSN · May 23, 2007

Hi Dear,
I think I am in trouble. I did my nursing studies in USA-maryland and got associate degree in nursing. I passed my NCLEX-RN and got Maryland licence. I moved to Virginia and tranfered my licence to Virginia's RN licence. Originally i held indian citizenship. Right now I am on OPT. My OPT exppires in february 2008. I am working in a hospital which is able to help me with my greencard papers, but right now i can not file for 485 so i do not know what is next step for me. I do need to apply for visa screen certificate but what about I- 140? Will I be able to get EAD through I- 140? Can i even apply for I -140? I am so confuse and do not know what to do untill i hear about retroggresion.My husband is on H1- B visa ,can he apply for I- 140? Please help me with this question. I really appriciate your time.

At the moment nothing can be done for you until retrogression is lifted. The hospital can apply for I140 but nothing else can be done. I would suggest getting your visa screen sorted

suzanne4, RN · May 23, 2007

The EAD that you get with the OPT is not renewable. The Visa Screen Certificate is required for the green card, that is something that you will need to get, would go ahead and get that now. Right now with the retrogression, the only thing that can be submitted is the I-140 and that does not start the Adjustment of Status process for you. Nothing further for you can be done at this time.

You do not get the EAD with the I-140. Your husband will be petitioned at the same time as you, as your dependent for the green card. He does not go thru the I-140 process like you do. Your facility can start the I-140 process for you now, but nothing further at this time.

rockydunk20 · May 24, 2007

Thank you for your reply.I still have few doubts.

(1)Do you think retrogression will be lifted soon? If lifted do I qualify for green card based on the associate degree?

(2)If the retrogression is not lifted before my OPT expires , then i would plan to change my status from OPT to F1 and register for bachlor's degree in nursing.As I think that will be necessary step to stay on the legal visa to remain in US.

(2a)If the retrogression is lifted after i change my status to F1 ,can I start working again with my current employer and process for my green card then or my status of F1 will prevent me to work at that time?

suzanne4, RN · May 24, 2007

We do not expect any visas available until at least November, and then that is not even definite. When your OPT expires, if there are not any visas available for the AOS processing, then the only option that you have is to continue on with your F-1 status. With the OPT, you are still under the F-1 status, that has not been changed. The OPT is not a status, it is only permission for you to get additional training for a year. So you do not need to reapply for the F-1, just make sure that you continue on for the BSN.

You can get petitioned for the green card with a two year nursing degree, provided that it was obtained in the US. So no problem with that. If the retrogression is lifted while you are in the BSN program, then you can start the AOS procedure, just like you would be doing now if the visas were available. You can be petitioned for the green card from the F-1 status, that is what you would be doing even now, if you could. Your status is still F-1, even with the OPT.

rockydunk20 · May 30, 2007

Thank you so much for your prompt reply, i really appriciate that.

I have another question about the taxes i am paying from my pay stuff. Since I am on OPT ,do I pay social security and medicare taxes?

suzanne4, RN · May 31, 2007

With the OPT, you will be receiving a salary for work completed in the US. Therefore you will be paying taxes on it. How much you pay in taxes will be dependent on your salary, as well as the amount of deductions that you have.

rockydunk20 · Jun 6, 2007

I really appriciate your replies. Thank you so much.

I have another question about further studies.

Can I be on F1 visa if I am doing RN to BSN online from university of phonix or mountain state university?

I am planning to take prereqiesites for BSN in 2007 while I am on OPT. My OPT will expire in february 2008. At that time I will continue to study for my BSN. Thease all plans will be initiated if the retrogression not lift up.

Any suggesion which university is cheaper and better for me? I live in virginia and planning to do RN to BSN online.

I have done my bachlor's in chemistry from India? I only got 95 credits from WES in 2003 when it was evaluated. I heard that they have chnged the rules about geting addmission for MS? Is it okay if i have a 12+3 from India and can I still apply for H1? But right now I am working as a RN on my assosiate degree. Please give me suggesion that what should I do?

suzanne4, RN · Jun 8, 2007

Much cheaper for you to do your schooling at a local school, not the on-line programs in most cases. You will need to check with them to see if they can sponsor you for the F-1 visa. You will need a program that will permit that.

rockydunk20 · Jun 9, 2007

can i take courses while i am on OPT?

suzanne4, RN · Jun 9, 2007

Sure you can. The OPT still has you under the F-1 status, as it is considered a training program. The OPT just gives you permission to work. Remember that you did not get your O-94 changed in your visa, and it still states D/S.

delisser · Jun 13, 2007

Hi Suzanne,

Just asking a question, if i have a BSn nursing and the retrogression lifts is it possible for me to get employment in Califonia? What are my options? I await your response.

delisser.