Should I wait for Visascreen before filing I-140 and I-485?

carvanaragon · Aug 5, 2005

In my case, i also paid for my lawyer's fees but still went on and took the services of the lawyer recommended by the hospital HR. It made the process easier for all of us, the HR, the lawyer and me since most paperworks are already with the lawyer and all she did was update data and the HR had no second thoughts in giving some of the information since trust has already developed between them. It took us only 6-7 days to accomplish and file my paperworks to the USCIS and were able to beat the deadline set last December 30, 2004. My lawyer went ahead and file my paperworks even without my visascreen because of the deadline we were trying to beat. If you have the visascreen on hand or is nearly at hand, perhaps it is better to submit them all together. By doing so, you will bypass the RFE stage which in my case caused a delay of approximately 2 months. Discuss these things with your lawyer and decide which one is best for your case because each case is unique and different from any case. This was what happened to my case, so i hope you can pick up something from it.

Should I wait for visascreen before filing I-140 and I-485?
I passed the board last month (July) and started working as a RN intern since last month on OPT from F-1 visa in a hospital in Southeast USA. My visascreen application was partly completed. I just sent in my high school transcript. Nursing school transcript was evaluated. I should be exempted from English test. I just sent the request for license verification to state board. I will probably receive my hard copy of my license this week or next week.
My lawyer strongly advised me to wait for the Visa Screen before filing the case. It is because of his concern that there may not be time after approval of I-140 to obtain visascreen in time... as a result of faster visa processing.
In my opinion, I would just want to go ahead of file it... because the immigrations and laws can change and I don't want to lag behind... In addition, visascreen is almost completed... what's the point of waiting for? Will the case be faster if the immigration office notice that the application came with visascreen?
Have any of you filed the case without visascreen?
One more questions... should I use the lawyer that hospital recommended or should I find other lawyer? ( I pay for the service) The hospital-recommended lawyer claimed that he has all paperwork from the hospital.... and that makes the process easier because hospital may not want to give financial statement and confidential documents to other lawyers. It seem that this will make the job easier for me if I hire this lawyer to do my case.

Dominion · Aug 5, 2005

I happen to be in a similiar situation. My lawyer strongly advised me to wait for the visascreen cerificate explaining that my file will be kept on hold while waiting for the reply. This will delay the whole process. I have submitted all required documents and my status has been showing the usual 'Ready for Review' for close to a month now. I have called them several times but they keep on telling me my file is under review.

I am under FI visa but not on OPT. The HR recruiter recommended a lawyer but I wasn't really comfortable with him and he was also quite expensive. The recruiter said she would work with any lawyer of my choice, so I located another one. I am paying the legal fees.

So I guess you should just wait for the visascreen certificate.

suzanne4, RN · Aug 5, 2005

Should I wait for visascreen before filing I-140 and I-485?
I passed the board last month (July) and started working as a RN intern since last month on OPT from F-1 visa in a hospital in Southeast USA. My visascreen application was partly completed. I just sent in my high school transcript. Nursing school transcript was evaluated. I should be exempted from English test. I just sent the request for license verification to state board. I will probably receive my hard copy of my license this week or next week.
My lawyer strongly advised me to wait for the Visa Screen before filing the case. It is because of his concern that there may not be time after approval of I-140 to obtain visascreen in time... as a result of faster visa processing.
In my opinion, I would just want to go ahead of file it... because the immigrations and laws can change and I don't want to lag behind... In addition, visascreen is almost completed... what's the point of waiting for? Will the case be faster if the immigration office notice that the application came with visascreen?
Have any of you filed the case without visascreen?
One more questions... should I use the lawyer that hospital recommended or should I find other lawyer? ( I pay for the service) The hospital-recommended lawyer claimed that he has all paperwork from the hospital.... and that makes the process easier because hospital may not want to give financial statement and confidential documents to other lawyers. It seem that this will make the job easier for me if I hire this lawyer to do my case.

I would consider waiting for the VSC as well, I much prefer that the nurse has the VSC in thier possession when applying. However, the biggest problem that comes up is with the English exams not being completed in time, and in your case they are waived. But you are on the OPT now, so waitng the extra time should not effect you.