What's next? OPT to expire still waiting for process date.

Silverdragon102, BSN · Jun 6, 2008

my opt will expire on july 17, 2008, but i have a hospital that has already petitioned for me. my process date is scheduled for february 4, 2008, however it looks like it will not reach in time.
background info:
graduate with an adn on may 2007.
completed cgfns and nclex.
awaiting reciprocity wi-il.
parents who are greencard holders: 1 due to get citizenship in november.
i have several questions:
1) if i change my degree will i be granted an opt at the end of the degree? can i use that degree to continue work as an rn?
unless education is higher then opt is not an option if already used. (that is my understanding)
2) is there any possibility that i can work outside the university/school as an rn?
unless you have a work visa allowing this then no you can't work
3) how long will i have to wait for my visa to be processed? what are my other options? any
depending on country of birth depends on processing time. if from india looking at a processing date of 2001 mexico 2002, china 2003 and philippines and rest of worl 2006. things may change next month and visas regress again but no one really knows until the visa bulletin comes out every month
and finally...
4) *cue the marvin gaye music* are there any ladies (citizen;)) out there, who is looking to marry a tall...uh i mean short, handsome...lol just kidding.

generally you are looking at either staying in school, if meet h1b criteria find a hospital for h1b but not a guarantee or returning home whilst being processed

gradnurse08 · Jun 6, 2008

As far as I know once your OPT expires you have 60 days to leave the country but don't think you can work during that time. However if you join school for bachelors then you will be able to use OPT again once you get done. I don't think you can work as RN outside unless you have EAD ie workpermit and you can only work for 20 hrs. OR get CPT which is like taking a class which allows you to work as RN for 40 hrs. I will be in the same situation as you are next year 09. So, I am planning to pursue Masters just to be on safe side. Yeah thats all I know!!

suzanne4, RN · Jun 6, 2008

H1-B visa requires the BSN, so there is no way to even consider that route at all.

The EAD that you receive is going to be invalid after July, which is less than two months from now.

It is not a process date, but is called a Priority Date and that is when the government received your petition, but it does not permit you to remain in the US and work once the OPT is expired. And you cannot work while a student again unless you will meet the requirements for the CPT.

But you have a bigger problem, and that is getting accepted for a program to continue on with your schooling while you are waiting for the green card. And you only have 60 days after the end of the OPT to remain in the US legally, if not enrolled in school to continue on with your studies.

But the next question for you is why did you put the facility of the expense for petitioning you knowing that you are going to get a green card in November? If that is in fact what is going to be happening for you. More than likely, you are going to need to give the funds back to them that they invested and for no reason. And we are talking thousands of dollars here, not hundreds. There were lawyer fees included as well.

VSsn · Jun 6, 2008

h1-b visa requires the bsn, so there is no way to even consider that route at all.
the ead that you receive is going to be invalid after july, which is less than two months from now.
it is not a process date, but is called a priority date and that is when the government received your petition, but it does not permit you to remain in the us and work once the opt is expired. and you cannot work while a student again unless you will meet the requirements for the cpt.
so are the dates on uscis website - nebraska service center processing dates - congruent with the priority date that i received?or is that something completely different?
but you have a bigger problem, and that is getting accepted for a program to continue on with your schooling while you are waiting for the green card. and you only have 60 days after the end of the opt to remain in the us legally, if not enrolled in school to continue on with your studies.
does it have to be for my bsn? i ask this because the school that i attended offers lower tuition, but if i go for the bsn program it is going to cost much more. also there is a waiting list for the bsn program at the school that i plan to attend, they also have the shortest waiting list. so, i was just thinking of taking a different program stay at the current school i attended, and wait to be accepted for the bsn. then swith to nursing once i get accepted.
but the next question for you is why did you put the facility of the expense for petitioning you knowing that you are going to get a green card in november? if that is in fact what is going to be happening for you. more than likely, you are going to need to give the funds back to them that they invested and for no reason. and we are talking thousands of dollars here, not hundreds. there were lawyer fees included as well.
i think there is some misunderstanding, i am not getting the green card in november. the hospital was actually the one that offered to petition me, but with the condition that i will be responsible for the fees and expenses. it's their lawyer that is currently handling the petition, and the facility is updated and aware of my current situation.

thanks for all the replies btw.

Silverdragon102, BSN · Jun 6, 2008

PD is priority date and is the date your I140 was filed. Once approved which can take anything from 6 months onwards you are then affected by retrogression and unless your PD date is current with the visa bulletin nothing will happen to your file. Due to over 800,000 cases filed July07 the likelihood of AOS option will not happen for several years. You can stay in school full time on whatever course you do but if you have used OPT for a degree and your course is another degree then you can not have OPT again., the course has to be higher to qualify for further OPT. You also can not work unless the EAD allows you to

VSsn · Jun 6, 2008

PD is priority date and is the date your I140 was filed. Once approved which can take anything from 6 months onwards you are then affected by retrogression and unless your PD date is current with the visa bulletin nothing will happen to your file. Due to over 800,000 cases filed July07 the likelihood of AOS option will not happen for several years. You can stay in school full time on whatever course you do but if you have used OPT for a degree and your course is another degree then you can not have OPT again., the course has to be higher to qualify for further OPT. You also can not work unless the EAD allows you to

I see, thank you SD.

suzanne4, RN · Jun 6, 2008

If you are getting the OPT with a two year degree, you are not able to obtain one again for another two year degree; only if you go on for a four year degree and receive a bachelor's degree.

The only way to get the EAD once the OPT is completed is with the CPT and that requires that you remain a full-time student and meet the requirements for it.

Suggest that you take some time to do some reading on this forum since it is apparent that there is much that you need to be aware of before you do anything else. Would recommend that you read the Primer at the top of this forum as it applies to you.

One is not able to wait in the US while their petition is being processed if there was not an I-485 that was submitted and that is on hold by our government.