Registered Nurse to file I-140?

[bruh]

Hi everyone, I am currently finished with my bachelor's degree in nursing and passed the NCLEX. I am currently out of status as an H-4 dependent and would like to know if there is any option for me to have a sponsorship with a company and what would be the process?


Thanks for your help

[inadmissible]

The process is usually pretty straightforward for nurses. You already have a nursing degree and passed the NCLEX-RN. You would need a VisaScreen certificate, a license to practice in the state of intended employment (or certification that you would be granted a license if you were authorized to work) and then any employer can file Form I-140 to petition for you to immigrate in the third preference category. As with prospective employers of physical therapists, prospective employers of nurses are exempt from the tedious and time-consuming process of "labor certification", the process in which prospective employers prove that no qualified US employees are available to work at the prevailing wage. The third preference is current for all aliens except those from China, India, or the Philippines. That is to say, if you're not from those countries, there is no queue to wait in, you can concurrently apply to for adjustment of status, and you'll get your green card as soon as USCIS can process the paperwork (which may take up to a year). While waiting, employers usually petition for the prospective employee to get a H-1B temporary skilled worker visa. An employer that is non-profit (the majority of hospitals) or a government agency is exempt from the lottery process usually used to allocate the statutorily-fixed quota among the many applicants. So, getting a H-1B is quick, easy, and straight-forward as long as you do not wish to work for a private for-profit employer. H-1B visa holders who have a pending I-140 are also exempt from the H-1B renewal limit of 7 years, so you can continue to work even if you are an Indian national who has to wait 11 years in the queue for a green card

The process for you, specifically, may not be so straightforward depending on how long you have been out of status. Generally, aliens must maintain continuous lawful status in order to apply for adjustment of status to that of a permanent resident. Congress granted aliens seeking to adjust their status on the basis of an employment based immigrant petition 180 days of grace, where they can be out of status yet avail themselves of the benefit of adjustment of status. If you have been out of status more than 180 days, you are not eligible for adjustment of status, but you can apply for an immigrant visa based on that approved I-140 through a consulate abroad. That process takes about a year as well. At the same time, if you have been out of status for more than 180 days, you are inadmissible to the United States due to your excess unlawful presence. Than entry ban runs for 3 years, and if you have been out of status for more than 365 days the entry ban is for 10 years.

[EB3]

Sponsorship

None of it matters unless you have a sponsor. First you need to make sure your employer is willing to sponsor. Until then you can start worrying about visa screen because this certificate expires so you wanna have it only when you are ready to file I140. As a nurse myself, I can tell you it was hard to find sponsorship. I did get it though and you can private message me if you want my recruiter's info. I am waiting for my EAD right now. My employer's attorney filed my papers recently after getting the wage determination with the department of labor.

[NurseO]

OPT and full time Job

I am currently on OPT and have a fulltime job. My employer is wiling to petition for me but i will be responsible for the legal fees. But how do I go about the process? Does anyone know a lawyer here in San Bernardino in California? What documents do I need? My OPT expires in July of this year. Am really nervous. An can I work two full time jobs?

[minapee]

This is an interesting topic.