What kind of visa?

suzanne4, RN · Apr 15, 2008

They probably were under the J-1 visa for him, and the J-2 for her.

There has to be an open window where the I-485 could be submitted during, and that is how they got the green card now.

Suspect that this was during 2006 and not 2007. And that would have been how they did it and how they were able to get the green card.

But that is not the story of what is happening now, the government is not accepting the I-485 now and we do not know when they will be accepting it once again.

befree · Apr 15, 2008

I remember she took the NCLEX in 2007. Coz she and my cousin took it at the same time. Thanks for the information though.

lawrence01 · Apr 15, 2008

With the limited information you gave, you won't be getting a detailed discussion at all. There is nothing much to go around with the limited info you gave. There was a window in July and Aug. 2007 as well for filing of AOS.

suzanne4, RN · Apr 15, 2008

With the limited information you gave, you won't be getting a detailed discussion at all. There is nothing much to go around with the limited info you gave. There was a window in July and Aug. 2007 as well for filing of AOS.

Then she may have had the CGFNS exam completed sometime ago. If she just tested during 2007, and even got her things submitted last summer, she would not have the green card in hand now.

But with the info that you provided, there is not enough to make a valid opinion on anything further, and it really does not matter as there are currently no green cards available.

starbin, BSN, RN · Apr 15, 2008

They probably were under the J-1 visa for him, and the J-2 for her.
There has to be an open window where the I-485 could be submitted during, and that is how they got the green card now.
Suspect that this was during 2006 and not 2007. And that would have been how they did it and how they were able to get the green card.
But that is not the story of what is happening now, the government is not accepting the I-485 now and we do not know when they will be accepting it once again.

Suzanne,

Just a reminder that anybody with a J1 visa or their dependents (J2 visa) has to undergo a J1/J2 waiver before even qualifying for green card. J1 waiver means the person has to go back to their home country or work in an under served area for at least 2 years before they can file for their green card. J1 visas have to be renewed every year, and after they complete the training/residency, they will file for H1 visa as a transition between J1 and Green card. It takes at least 3-5 years for a person to get green card after the J1 waiver. J1 dependents are legally allowed to work, but must go through the same waiver process as the J1 holders before being eligible for Green card.

The previous poster's Rn friend's spouse was probably on H1B (commonly used visa category for residency), and the dependent on H4, which made it easier for them to file for AOS when the visa category was available.

starbin, BSN, RN · Apr 15, 2008

I stumbled upon an old friend here in the U.S. who came here a couple years ago on a different visa (I forgot what kind of visa exactly but they got here thru her husband's medical residency program). A year later, she took and passed the NCLEX (2007) and went to look for a petitioner. And just this year they got their greencard. I wonder what category are they under? As far as I recall, retrogression started in 2006? Am I right? How was that possible? Just thinking.

It is possible that she might have gotten the Green Card through her husband. Some residency programs do actually petition for green card.

If she took the NCLEX in 2007 only, it is very unlikely that she was able to get the green card that fast. I know many of my friends who actually filed for GC when it was current in 2006, and have approved I-140 and everything else but are still waiting on their green cards. Even if your friend filed during the AOS opening in July August, it wasn't for Schedule A, it was for the EB3 category; and if you are aware of the number of AOS application that were filed during that 2 months period, you can figure out how many months/years of wait it is going to be.

Even though nothing is impossible, it is unlikely that things could have moved that fast for your friend.

Good Luck!

RNGrad2006 · Apr 15, 2008

It is possible that she might have gotten the Green Card through her husband. Some residency programs do actually petition for green card.
If she took the NCLEX in 2007 only, it is very unlikely that she was able to get the green card that fast. I know many of my friends who actually filed for GC when it was current in 2006, and have approved I-140 and everything else but are still waiting on their green cards. Even if your friend filed during the AOS opening in July August, it wasn't for Schedule A, it was for the EB3 category; and if you are aware of the number of AOS application that were filed during that 2 months period, you can figure out how many months/years of wait it is going to be.
Even though nothing is impossible, it is unlikely that things could have moved that fast for your friend.
Good Luck!

Definitely true. We have a PD of July 19, 2007 and still are waiting for I140 approval from Texas. We had a few update dates in January of this year and nothing since then. No RFE, but still no action. But as Suzanne has pointed out several times some of the USCIS employees have been pulled to process applications for citizenship and therefore taking longer to get other applications done. So bottom line...getting a green card that quickly is not very likely.

befree · Apr 16, 2008

Thank you all for your response. Sorry that the info I have as of the moment isn't enough to make any conclusion. But will do my best to ask her of any useful information the next time I get to talk to her.

Now that Starbin has mentioned it, it rang a bell to me--my friend came on an H-4 visa thru her husband's residency program. However, they got the greencard through her. One thing I am certain is that she never took the CGFNS exam.

Well, will just keep you posted.....