2 questions about VSC

lawrence01 · Nov 2, 2007

Given that a candidate has recently passed the NCLEX-RN and IELTS, and is currently looking for possible employers offering sponsorship, (1)when is the best time to apply for VSC? Does it have to go first, before applying for a job, OR can the candidate be accepted by a sponsoring employer even without the VSC yet?
(2) A common situation I have noticed with fellow foreign nursing graduates is that they take and PASS their local/home nursing boards, but choose NOT to register for a license and instead immediately leave the country to take the NCLEX-RN. so technically, they do not hold and have not held a permanent RN license in their country. Is this accepted by the VSC? That no verification can be done in the home country since there is no license at all?
Thank you!

Apply for it ASAP. There is no point delaying it but at these times where everything is in retrogression as far as green cards are concerned you will be having a hard time finding an employer as one cannot file for AOS now. Just the I-140. And it is not a wise thing to file an I-140 for AOS (it has to be indicated from the start if the I-140 is for consular processing or AOS) just in case you find someone willing to file just the I-140. If the petition was for CP then the earlier it is filed, the better since everyone is after the earliest possible Priority Date possible but it would not be the same for AOS, esp. if coming from a tourist visa.

If you file the I-140 (for AOS; if for CP no problems) now and you do not know when AOS can be allowed to be filed again (retrogression) and if your validity to stay under a tourist visa expires (usually in 6 mos.), you will have to go back home. Once you go back home... things get complicated. There would be no guarantee that the immigration officer at the point of entry will allow you to re-enter since you already demonstrated dual-intent. The dual-intent was the I-140 meant for AOS and he got solid proof of it as well. The filed I-140 for AOS purposes is already the tangible proof he needs to make the decision not to let you in again. Sure, you can change it from AOS to CP but that would not change anything at all anymore and will not make a difference anymore as well. There's a good chance the immigration officer will still not let you in again as there would be no more guarantee that you can give that will assure him that you won't change it again to AOS once he let's you enter the US and I'm sure the officer will not jeopardize his job when there is overwhelming evidence pointing at one thing, so the most logical and safest solution would be to just not to let you in. And FYI, there were people not allowed to enter for a far lesser reason than this as well.

And I am also not sure if the H1C (FYI: you need the VSC at hand from the start w/ this) will solve things for you and esp. if it would be out of State. It will just create another scenario to be suspicious off for immigration. Your mother is ill and you want to be w/ her side and so filing for H1C and to work on another State to boot will just create more suspicion, in my opinion.

I honestly don't think you will be granted an extension of your tourist visa as well for the purpose of being with your mother, if you file an H1C working visa. There would be a conflict of interest, at the very least.

As far as PH board req't for VSC is concerned, it has already been discussed before that as long as one did not register then they can be given a VSC. Some don't even bother taking the local boards at all. However, if one ever registered or took the boards but failed then that would be a problem.

Consulting a competent and honest immigration lawyer is your best bet and stay away from people giving sugar-coated advises. The more flowery it is, the more you should suspect that he is just after the fee he will be getting.