Qualifying for California nurse whilst in California

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I'm aware of the job shortage, retrogression, no green cards or H1Bs for qualifying nurses, etc, etc. What I would like to know is if one is on an H4 visa (non-working; spouse with H1B), currently in the US, are there any differences or restrictions in how one would go about getting a green card or H1B as appropriate, plus NCLEX, plus IELTS, and anything else for a California RN compared to the same process in the UK?

Wife may consider doing the process including studying for exams when we're there on my visa rather than trying to get it done beforehand. In the meantime she can do the stay-at-home-mum bit as well! In fact, if a 6 month break from nursing is a detrimental factor then please say so.

This is a long term view and, as I say, we're aware of the job and visa situation over there so this is mostly speculative at the moment.

Many thanks.

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Specializes in Medical and general practice now LTC.

When applying for GC doesn't matter whether in the US or in the UK or elsewhere in the world you generally are affected by retrogression. being in the US doesn't matter you join the queue along with everyone else.

Things are pretty rough for CA nurses and jobs (just to be aware of) and unless your wife meets H1b requirements (bachelor or at least 12 years nursing experience) and specialised still may have problems finding work.

If you are getting H1b may benefit you trying to get GC through your employer, however if EB3 category you will be affected by retrogression and wife can not file EAD and work, or your wife looks for further education like doing her Masters which may improve chances by qualifying for EB2 or 1 which if not born in India should be quicker process than EB3

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Specializes in CTICU.

Same process whether you're overseas or there. No difference in "how you'd go about getting a green card" since there aren't any available, whether you're in the US or the UK.

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I can tell you right now that the majority of the hospitals aren't going the H1b route as there isn't a need to. They're laying off employees and are cutting corners as much as possible in order to save money. Visit the CA forum and you will read that there are many unemployeed nurses both new and seasoned. If you're in the metropolitian areas most are having issues. If you're somewhere out in the boonies there might be some hope, but again CA is so bad right now overall it's hard to find a job. Try careerbuilder.com to see if there's anything there. Good Luck

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Guys, I appreciate the comments about the job situation but that wasn't what I was asking - as I said, I'm well aware of the problems and this is a long term view, not right now.

The reason I ask is that some visas must be applied for OUTSIDE the US. Taking the example to the extreme, you can't apply for a job whilst on a tourist visa as that is a violation of the tourist visa conditions, worthy of deportation and banning for a number of years. I hadn't read anything about such restrictions on these types which was why I was asking if there was anything I'd missed - and hoping somebody here would say that they'd gone down that route. I think SilverDragon's third paragraph is useful reading - thanks.

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You may want to get in touch with an immigration attorney. Many do provide free consultation, and it might be in your best interest to consult with one with those specific questions. If you go on the USIS website they have specific information regarding visas. Good Luck

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Specializes in Medical and general practice now LTC.

It used to be you could AOS for immigrant visa within the US but to do so the visa category needs to be current. Most nurses meet EB3 and that isn't current. It is not illegal to apply for a job whilst on a visitor visa many do it or have done it. You have to be prepared to leave the US and attend a interview and wait for the visa to be issued. As I said AOS at the moment for most cases due to retrogression can not be done.

As mentioned a chat with a immigration lawyer may be beneficial and may be worth your wife looking for a employer and getting in the queue, if still in the US and her PD becomes current she may be able to AOS but think that will be a long while off

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Yes, looks like I was wrong there on the tourist thing - you can apply but can't take the job while on a tourist visa. Anyway, point being that you have to do things their way, and knowing what their way is is not always immediately obvious from government websites written by lawyers rather than laymen like me.

I have been in touch with an immigration lawyer, not these specific questions, as there is only so much they will tell you for free before they start charging! They have to make a living somehow!

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Specializes in CTICU.

Any visa must be applied for outside the US. A visa permits you to apply for entry at a border. However, you may change status within the US, depending on the status.

You may not change from H4 to a H1B, you must leave and be interviewed at a consulate outside the US, preferably one in your own country.

Obviously the easiest way by FAR would be for you, the H1B holder, to get your employer to file for green card. That way, you could renew the H1B status while waiting to maintain status and eventually get work authorization for you and your wife.

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