retrogression and status

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I have a question about retrogression. If someone came to the US on a B1/B2 visa, and submitted all the documents necessary for nurse sponsorship PRIOR to the date on I-94 (dateto leave the US), does that mean the nurse can stay here legally after the date on I-94 while the papers are already with the immigration whilst retrogression is on going?

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Specializes in Dialysis, Nephrology & Cosmetic Surgery.

From my understanding, overstaying on your B1/2 is the same as overstaying on the VWP and this could mean being deported and banned from re-entering to US for several years. If you have signed a contract with an agency you may well find that you will pay a fine for making yourself unable to fulfill the contract.

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Specializes in CTICU.

No. Retrogression means there are no visas available to adjust your status. So you must leave when your B visa I-94 expires.

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Specializes in Acute Care. ER. Aged Care/LTC. Psyche.

You must leave the US before your I-94 expires. What you are referring to is a case of Adjustment of Status, wherein a non-immigrant (tourist) applies for green card through employment and may be allowed to stay and wait for approval. But that's not going to happen. Coz such situation is only possible if there are visas available. And currently, there are no available visas.

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Thank you guys for clearing that up for me :)

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