Suzanne thanks for answer below another Q?

suzanne4, RN · Mar 17, 2008

Schedule A does not exist anymore. So that is out of the equation.

If he is in the US now, then he goes the route of Adjustment of Status and can get the EAD that will permit him to work while he is waiting for the processing.

The issue is that there are no visas available right now, for either the AOS or the CP processing. They are working on petitions that were submitted three years ago now, and there are thousands that have more recent PD dates that will be waiting for sometime.

The best thing for him to do is to do nothing at this point, the AOS is completely separate from the CP procedure, only the I-140 is the same.

Getting an earlier PD date and then going thru AOS will not make things go quicker for him, if the I-485 cannot be submitted at this time, then it does not change things. And even if he goes thru the CP processing, nothing will get done past the I-140 and then the retrogression will affect him.

And then he also has an issue with being under the student visa, it is called dual intent.

If I were him, would just stay with the student visa if that is what his plans are for now. If he applies for the petitioning now, and has to return home for some reason or even a visit, and his F-1 visa has expired, chances are that he will not be able to renew it with a pending I-140. If he has only the F-1, then there is no issue at all, and usually can be easily renewed.

The student visa stays in effect as long as he is in the US, he leaves for any reason and if it needs to be renewed, it will have to be done before he can return to the US. It goes by the date stamped on the form in the passport, and usually will say D/S, and that means last day of study.

Even if the actual I-20 has expired, as long as he maintains student status and in the US, then he can stay. But if he leaves for any reason, he will have a big problem returning to the US. That is why I would not advise going for the CP now. It is not going to help him, and will only hinder him at this time.

If

Turtle08 · Mar 17, 2008

Thanks suzanne very much I will pass it all on poor him!!! His F1 expires Nov 2011 he doesnt mind staying as a student but he though the sooner he got a prioroty date the quicker he would get a visa once they were released. Looks like he will be here as a student till 2011 and even then may have to renew the student visa if he wants to stay.

suzanne4, RN · Mar 17, 2008

As long as he does not leave the country after that date, and continues with his studies, then he is all set with his visa. It will not expire unless he leaves the US, or discontinues his studies. When either one occurs, he has only 60 days to leave the US, the I-20 is only valid if he maintains his student status.

Again, if he is here as a student, he is wanting to go thru the AOS processing which is handled completely different from the CP procedures. That is what I think that you are misunderstanding. And the dates that are in the Visa Bulletin are forever changing, they are quite fluid and what is in there now does not mean that it will be the same even two months from now.

But what he needs to understand is that there is no guarantee that he will ever get a green card, there is nothing that states that he will automatically get one when and if they become available. There are many factors that are in play, and a limit as to the number of visas that are available per year. Attending school in the US no longer gives one an advantage over someone that trained out of the US, only thing that is waived is the English exams that he would not need in the first place.

I would not go for the I-140 submission now, it could cause problems for him later on.

Turtle08 · Mar 17, 2008

Thanks suzanne yes that is the part neither of us understands he does not know which route to go to just apply for the EB3 visa and wait for his visa or to wait till some nurse category of visa is issued. I think he is going to schedule an appointment with an immigration lawyer who can explain it all to him it is so complicated.

suzanne4, RN · Mar 17, 2008

It is not that complicated at all, the only visa that is available for him is the green card, and the category that he is under will be the EB-3. If he obtains the MSN, then it will be the EB-2. But there is nothing else that is available.

Even the Schedule A, it was just a sub-category under the EB-3 classification, it was not a separate category. It is no longer available, so all are back under the straight EB-3 classification.

There is already much written on this on the forums if you or he will just do a search. If he is going to see an immigration attorney, please make sure that it is one that specializes in nurses, or he may be given incorrect information as we have seen over and over again.

And the attorney may tell him to go for the H1-B, which is not available for him, knowing that it will get denied, but the attorney still gets paid for doing the paperwork for it. Just be very, very careful, or it could cost him more than he expects in time and money and legal hassles.

Turtle08 · Mar 17, 2008

It is not that complicated at all, the only visa that is available for him is the green card, and the category that he is under will be the EB-3. If he obtains the MSN, then it will be the EB-2. But there is nothing else that is available.
Even the Schedule A, it was just a sub-category under the EB-3 classification, it was not a separate category. It is no longer available, so all are back under the straight EB-3 classification.
There is already much written on this on the forums if you or he will just do a search. If he is going to see an immigration attorney, please make sure that it is one that specializes in nurses, or he may be given incorrect information as we have seen over and over again.
And the attorney may tell him to go for the H1-B, which is not available for him, knowing that it will get denied, but the attorney still gets paid for doing the paperwork for it. Just be very, very careful, or it could cost him more than he expects in time and money and legal hassles.

Suzanne thank you so so much, I have passed all this on and he is so greatful for the warning he does have a Bachelors degree in Behavioural Psychology and it is in psychiatric care he wants to work so the agency has already suggested for this job they can possibly file for H-1B. I will do a search on the EB3 category for all the information I do not understand what an agency will get out of filing an I-140 for the EB3 right now when there are no visas and such a long wait list!