for Suzanne4


Hi Suzzanne4. You look like expert to me giving good advices for many people in the forum. Could you please give any advice based on the situation: I am second year student (Associate Degree program) and will graduate in May 2009. My current status is H4

(dependent visa), my husband is H1B, but he needs to live in 2010 and I want to stay in the USA and find a job in 2009. I have read that the only option for me is to take NCLEX, find a sponsor in order to get a license and start to work. However, all talk about retrogression confuses me. What do you know about quota for Green Card for nurses who are not from Filipinas ( I am from Moldova ) and what are my chances to resolve the situation.

Thank you for any advice.

Editorial Team / Admin

Silverdragon102, BSN

1 Article; 39,477 Posts

Specializes in Medical and general practice now LTC. Has 35 years experience.

The likelihood of you being able to stay and work in the US next year unless using OPT is very poor. Regardless of country you are affected by retrogression

suzanne4, RN

26,410 Posts

There is no way that you are going to be able to remain in the US and work when your H4 visa is up, it expires at the same time as your husband's does.

With the H-4, you do not qualify for the OPT which permits one to work for a year when they finish their training. That requires the F-1 status, but them also raises your tuition significantly.

Even if you would get the OPT, there are no visas for you to adjust your visa to when the OPT would be done. The US is under a retrogression and has been for close to two years.

The ADN only qualifies for the green card, not for the limited temporary work visas that you may hear of, such as the H1-B that your husband is under or even the H1-C. Both of those require the BSN as minimum training and then they are hard to get.

You would be looking for a petitioner for the green card, but even if you find one, it is the US government that authorizes work, and they are not permitting anyone to adjust their visa at this time.

Unfortunately, there is not going to be any way for you to remain here and work with the ADN training in any way. The OPT only gives one year and then it expires if you change to the F-1 status.

Best of luck to you. I understand that this is something that you do not want to hear. But this is what is happening at the present time.

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