OPT, Hospital Job Sponsorship, Green Card

BGboy · Mar 4, 2008

Again, what has happened in the past is no longer what is happening now. You are able to use the OPT, and then by the time that the year is up, you would need to have the I-140 submitted, as well as the I-485. And that is where the current problem is, if the US government will not accept the I-485, then one cannot remain in the US as their student visa will be expired. It is only valid for up to 60 days after last day of school, or after the OPT is completed.
Attending school in the US does not guarantee one that they will be able to remain in the US and get a green card. This has not been a done deal for sometime. And attending school in the US does not give one any shortcuts thru anything, all of the same requirements need to be met, the only thing that is waived are the English exams if the initial training was done here.
We do not have work permits here, and that is the point that we are trying to make. You get a one year EAD thru the OPT that permits you to work and that is not renewable. You must be able to get the I-485 submitted to begin the AOS process, or you cannot remain in the US.
You are free to think as you want, but this is what is happening in the US right now.

I'm studying in the USA right now. I say one can be issued a work permit if he has an employer and has started the green card process and is approved for a visa but has to wait for 2-3 years. Compared to finding a job after graduating with a Bachelors degree, a student with a nursing degree has more chances of getting his papers done.

suzanne4, RN · Mar 4, 2008

I'm studying in the USA right now. I say one can be issued a work permit if he has an employer and has started the green card process and is approved for a visa but has to wait for 2-3 years. Compared to finding a job after graduating with a Bachelors degree, a student with a nursing degree has more chances of getting his papers done.

And you are 100% incorrect on what you are saying and this is what we are trying to tell you. You are assuming that you can start the AOS process at any time, but that is where you are 100% incorrect. At this time, the US government is only accepting the I-140 petition, and that does not start the process for you to permit you to remain in the US. The government must be accepting the I-485, which is the petition to adjust your status, or the AOS, as it is called here; and that is exactly what is not being accepted at this time.

We did have a very small open window this past summer, where they did accept it, and they had over 800,000 petitions submitted at that time. If you cannot get the I-485 submitted, then you cannot wait for a visa to become available for you and that is what we are trying to tell you.

Not sure where you are getting your information from, but those with other bachelor's degrees are under the same processing for the same EB-3 green card as nurses are. And there is no guarantee that anyone can remain in the US and expect to get a green card just because they attended school here. We have been under a retrogression since October, 2006; and it also depends on your country of birth as to what your chances will be in terms of having a chance at a visa.

If you do not have the option of getting the OPT, then there is not a thing that you will be able to do. Also be aware, that even when there are visas available, you have to have a completed file in order to start the processing and this means passing of the NCLEX exam as well as having the VSC in hand. And you only have 60 days from the last day of class, or the last day of the OPT to remain in the US.

I do not set immigration rules, but only try to clear up any misinformation that is out there, and this is what you have.

We do not have work visas in this country for nurses, there is only the green card that is available for you, and when it is not available, then there is nothing that you can do other than continue on with your schooling to remain in status. Finding an employer that will start the process for you does not keep you in status if the I-485 cannot be submitted and this is the point that we have been making all along.

Suggest that you take the time to do some reading on this forum, there is much that you are not aware of and should be. And training in the US does not give you any benefit in terms of getting a green card over someone that trained out of the country, there is still a limit as to the number of visas that are available per year, and per birth country. Again, the only requirement that is waived for you is the English exams.

suzanne4, RN · Mar 4, 2008

And to add on to this, you are unable to work unless you qualify for the CPT, or get special permission from the US government. As a student, you cannot work on the student visa.

Just answering what you had posted in another thread. You must have a document that will let you work legally.

BGboy · Mar 5, 2008

And to add on to this, you are unable to work unless you qualify for the CPT, or get special permission from the US government. As a student, you cannot work on the student visa.
Just answering what you had posted in another thread. You must have a document that will let you work legally.

Well I guess when I graduate and all those things that you told me happen, I'll continue to study until I get a Ph.D. and qualify for the work visas that are releted to universities or get married :). I'm not from China, India or the Philippines so I'll hope for the best. Thanks for clearing me the situation though. Let's pray for a better future.

Weren't they going to pass a legislation for separating the green cards for RNs to a different quota?

suzanne4, RN · Mar 5, 2008

Not sure how you expect to pay for all of that schooling when you cannot work on a student visa.

At this point in time, does not matter if they allocate so many visas for nurses specifically; it is not going to apply to you as you are not even in the program or done with your schooling and have taken and passed the NCLEX exam in the first place. There are so many that are waiting ahead of you with exams that are done and just for a visa that they would be gone in a snap if they became available again. And before anyone else thinks anything of this, I do not expect any to become available like this for a very long time. They just used 60,000 recapped visa numbers in May and they were gone in just a blink with many still waiting.

It is your choice as to what to do, but the fact remains that if there are not any visas available, you are not going to be able to remain in the US. And if you are unable to work, how are you going to get experience as an RN if going for the PhD?

Sorry, but just not making any sense to me right now. You need to take the time to do some reading here about what is going on in immigration now, it will show you what is going on here, and it revolves around that, not what your plans are in the future.