Green card application for nurse in the U.S.

duhily

Registered Users (C)
Hello everyone,

My NIW application is now denied and I'm in the process of appealing or reapplication. Problem is my h1b expires this coming Oct. So, we need to do somthing quickly. If I appeal, it would take more than 6 months.

My wife and I talked about this green card application a lot. My wife is a licensed nurse (active) to practice in NY and Ohio and she is not working now (her hand is tight with two babies). We're seriouly thinking of getting a green card through my wife.

One of the problems is she did not take Toefl yet (she said it became very difficult because it changed to the IBT format), but she passed the NCLEX exam about 4 years ago. We were told that she could get a job with her license in the US (and without the CGNF's approval), but to get a green card she is required to have a Visascreen Certificate. We were told that a Visascreen certificate is required for I-485.

Anyone knows how long it would take to get an EAD card & I-140 after she lands in job? Also, how soon she needs to submit the Toefl score to CGFNS after I-140 and EAD card approval? I heard that the immigration asks for the toefl score sometime after EAC & I-140 and we need to respond to that within 3 months.

I would really appreciate if anyone has comments or suggestions for us. Thanks.

James
 
duhily said:
Hello everyone,

My NIW application is now denied and I'm in the process of appealing or reapplication. Problem is my h1b expires this coming Oct. So, we need to do somthing quickly. If I appeal, it would take more than 6 months.

My wife and I talked about this green card application a lot. My wife is a licensed nurse (active) to practice in NY and Ohio and she is not working now (her hand is tight with two babies). We're seriouly thinking of getting a green card through my wife.

One of the problems is she did not take Toefl yet (she said it became very difficult because it changed to the IBT format), but she passed the NCLEX exam about 4 years ago. We were told that she could get a job with her license in the US (and without the CGNF's approval), but to get a green card she is required to have a Visascreen Certificate. We were told that a Visascreen certificate is required for I-485.

Anyone knows how long it would take to get an EAD card & I-140 after she lands in job? Also, how soon she needs to submit the Toefl score to CGFNS after I-140 and EAD card approval? I heard that the immigration asks for the toefl score sometime after EAC & I-140 and we need to respond to that within 3 months.

I would really appreciate if anyone has comments or suggestions for us. Thanks.

James


Are you in US?
It's better to pass TOEFL first, then apply for VSC ( you won't receive the certificate until english profficiency exams are passed).
Then you're ready to file.
 
AnnaRN,

Thanks for your comments. Yes, we're in the U.S.

Again, do you know how soon she needs to submit the toefl score, after EAD & i-140 approval, to immigration to get an I-1485?

James
 
duhily said:
AnnaRN,

Thanks for your comments. Yes, we're in the U.S.

Again, do you know how soon she needs to submit the toefl score, after EAD & i-140 approval, to immigration to get an I-1485?

James

The process is usually faster if you're in US.

Has your wife graduated from US school?
If not, she needs to pass english exams like TOEFL, IELTS and TWE in order to obtain the visa scren sertificate. That means if you don't pass toefl, you don't get the visa screen.
Technically, you can apply for adjustment of status without having VSC on hand, but it's very risky.
 
There is nothing "risky". You may file I-495 without the certificate. But they will not adjust your status and will issue an RFE for VSC.

quote: "
My wife is a licensed nurse (active) to practice in NY and Ohio and she is not working now...... One of the problems is she did not take Toefl yet (she said it became very difficult because it changed to the IBT format), but she passed the NCLEX exam about 4 years ago. We were told that she could get a job with her license in the US (and without the CGNF's approval), but to get a green card she is required to have a Visascreen Certificate. We were told that a Visascreen certificate is required for I-485."

What is a "licenced nurse"? Is it RN or LPN, or maybe something else? It seems like you confused terms "licence" and "employment authorization".
 
Just want to get it straight.
USCIS will issue a Request For Evidence anywhere from 3 months to year and half after I-140 gets approved. So don't chances, have everything ready before you file 485, at least submit all the paperworks to VS if she could not pass the test.
 
Duhily,

I am a RN and struggling to get visascreen by passing TSE (TOEFL passed), and my 485 is in process. For your case, I suggest your wife strat to look for a green card sponsor (hospital, nursing home etc). It may not be easy to find a GC sponsor depending on your location. CA and NY are easier.

(1) After you find a GC sponsor, don't let the sponsor hire lawyer to handle your application. You have to have your own lawyer to handle it otherwise you will be pushed too much to get the EAD to work for them meanwhile you have trouble with getting visascreen. This is very important!! A small company with less GC sponsorship experience is better.

(2) Apply visascreen immediately at www.cgfns.org since you have to submit all documents of education, licenses, test scores, and verification from other authorities. Plus CGFNS is very slow to process visascreen app. Usually it takes you 1 - 3 months to get all documents ready except the English test score, and 3 months at least for CGFNS to review the documents. You'd better to get all documents reviewed and approved before your passing English test score is submitted. In this case, you can expect to get visascreen certificate within a month after you submit the passing English test score.

(3) Apply I-140 first and don't file I-485 with I-140. This will buy you more time for visascreen. At any time after I-140 is filed, you can file I-485 with the receipt of I-140 to keep your legal status before the H status expires and your NIW fails. But remember to file 485 as late as you can.

(4) Visascreen is not required when you file I-485 (check the initial documents of I-485). It is only needed at the case decision time. If your case is approved, you would get your GC within a month after the decision time. At the decision, if you don't submit visascreen, RFE will be issued for it, and you usually have 12 weeks to submit visascreen otherwise your case will be denied.

(5) You should take IELTS instead of TOEFL as English test. Go to www.ielts.org for more info. It is easier to meet the requirement of visascreen with IELTS.

(6) Don't rush to get EAD for your wife and put her in work since she needs time to take the test.

(7) You'd better take this seriously even though it is a backup plan.

Good luck!
 
Don't waste time on TSE, they will give you straight 45s if you don't speak perfect English. Forget about passed TOEFL, you can pass IELTS in one shot!
It happened to me!
God bless you.

Moona said:
Duhily,

I am a RN and struggling to get visascreen by passing TSE (TOEFL passed), and my 485 is in process. For your case, I suggest your wife strat to look for a green card sponsor (hospital, nursing home etc). It may not be easy to find a GC sponsor depending on your location. CA and NY are easier.
 
How to get my sis - Nurse in India

Moona said:
Duhily,

I am a RN and struggling to get visascreen by passing TSE (TOEFL passed), and my 485 is in process. For your case, I suggest your wife strat to look for a green card sponsor (hospital, nursing home etc). It may not be easy to find a GC sponsor depending on your location. CA and NY are easier.

(1) After you find a GC sponsor, don't let the sponsor hire lawyer to handle your application. You have to have your own lawyer to handle it otherwise you will be pushed too much to get the EAD to work for them meanwhile you have trouble with getting visascreen. This is very important!! A small company with less GC sponsorship experience is better.

(2) Apply visascreen immediately at www.cgfns.org since you have to submit all documents of education, licenses, test scores, and verification from other authorities. Plus CGFNS is very slow to process visascreen app. Usually it takes you 1 - 3 months to get all documents ready except the English test score, and 3 months at least for CGFNS to review the documents. You'd better to get all documents reviewed and approved before your passing English test score is submitted. In this case, you can expect to get visascreen certificate within a month after you submit the passing English test score.

(3) Apply I-140 first and don't file I-485 with I-140. This will buy you more time for visascreen. At any time after I-140 is filed, you can file I-485 with the receipt of I-140 to keep your legal status before the H status expires and your NIW fails. But remember to file 485 as late as you can.

(4) Visascreen is not required when you file I-485 (check the initial documents of I-485). It is only needed at the case decision time. If your case is approved, you would get your GC within a month after the decision time. At the decision, if you don't submit visascreen, RFE will be issued for it, and you usually have 12 weeks to submit visascreen otherwise your case will be denied.

(5) You should take IELTS instead of TOEFL as English test. Go to www.ielts.org for more info. It is easier to meet the requirement of visascreen with IELTS.

(6) Don't rush to get EAD for your wife and put her in work since she needs time to take the test.

(7) You'd better take this seriously even though it is a backup plan.

Good luck!
Hi Moona

Since you are RN I am throwing this question, basically I am a computer professional with a GreenCard in California. My sis has just completed her Nursing Diploma so I asked ask her to prepare for CGFNS exam.

To my surprise, I saw in the CGFNS website that CA Stare board of nurses doesn't need CGFNS certification program, are you aware of it? I know California is pretty hot market, how do I get her here?

Please guide me so that I can guide her... I already spent about 1000 dollars to get her coached in delhi for CGFNS exam..

Thanks and appreciate your help
 
girishreknar,

I am not familiar with your sister's situation. Most of the states need CGFNS certification as a requirement to take NCLEX-RN test. But CA and NY don't need it. So your sister can contact CA nursing board for teh admission to take NCLEX-RN test. Once your sister gets the admission to write to that test, she can take it in India. Check www.pearsonvue.com/nclex which undertakes the test for National Council of State Boards of Nursing (www.ncsbn.org). Your sister should apply for visascreen at CGFNS while she prepares the NCLEX-RN test. She has to take English language test to meet the visascreen requirements.

After your sister passes NCLEX-RN test and gets visascreen certificate, she better come to US and find a GC sponsor to file GC application. Otherwise she has to wait in India for I-140 approval and GC interview & visa to come to US.

Good luck!
 
Moona said:
girishreknar,

I am not familiar with your sister's situation. Most of the states need CGFNS certification as a requirement to take NCLEX-RN test. But CA and NY don't need it. So your sister can contact CA nursing board for teh admission to take NCLEX-RN test. Once your sister gets the admission to write to that test, she can take it in India. Check www.pearsonvue.com/nclex which undertakes the test for National Council of State Boards of Nursing (www.ncsbn.org). Your sister should apply for visascreen at CGFNS while she prepares the NCLEX-RN test. She has to take English language test to meet the visascreen requirements.

After your sister passes NCLEX-RN test and gets visascreen certificate, she better come to US and find a GC sponsor to file GC application. Otherwise she has to wait in India for I-140 approval and GC interview & visa to come to US.

Good luck!

Thank you, Moona I see some light, yes the pearson has a center in Hyderabad for her to take the test, Now where should I get started at CA Board, Pearson or CGFNS? It appears CA nursing board doesn't require CGFNS is that means all the money I paid for the coaching is waste because I want her to work her here only in CA? So, NCLEX exam does she need coaching or since she already has CGFNS coaching that should work? if she needs coaching then where in hyderabad if not anywhere else in India?

Secondly, which nursing exam she should take Practical / Vocational nursing or Registered Nursing?

Thirdly, there is long wait until june in India for any VISA interview, so should I book a spot for her now?

Really appreciate your help, please answer in detail.
 
girishreknar,

The following ideas for your reference.

(1) Contact CA nursing board (http://www.rn.ca.gov/lic/lic-exam.htm) to check how to apply RN license by exam in CA especially the candidate is abroad. Usually the candidate has to take NCLEX-RN exam within a period of time (3 months for example) after the nursing board approves the application. So keep this in mind and decide when to submit the application.

(2) Only RN can take advantage of Schedule A Worker green card application. LPN/VPN cannot file as Schedule A Worker which doesn't need LCD. You can find tons of NCLEX-RN test materials in library and you may buy some books for your sister if the books are not available in India. Keep practicing with the practice questions and sample tests, and your sister should be ready for the test within a year.

(3) After CA nursing board takes your sister's application, apply for VisaScreen certificate asap at www.cgfns.org. Submit all needed documents except English test score since visascreen may take up to a year for processing.

(4) Prepare and take IELTS test to get the passing score for visascreen after she passes the NCLEX-RN test. Check www.ielts.org for how to prepare the test and www.cgfns.org for the passing score.

(5) After she gets NCLEX-RN test passing score and visascreen, she needs to find a green card sponsor in CA for her GC. She can either come to US as a visitor then file GC application, or file GC application directly from India. I think it is better for her to come to US by visitor visa and file GC application in US. At this step, you may need to consult a lawyer.

If you want to take advantage of the spent money on CGFNS certification, your sister may go ahead and take the CGFNS test but the passing score cannot be used for RN license. CGFNS certification is only used for green card application and the qualification for NCLEX-RN exam in some states. She has to take NCLEX-RN exam at last and pass it to get RN license. So she may take NCLEX-RN exam directly instead of CGFNS certification test plus NCLEX-RN exam. Her existing experience with CGFNS certification would help her to prepare NCLEX-RN though.

It's a long way to go but it may be the express way for your sister to come to US as a RN and permanent resident. It may take 2 - 3 years at least upon her situation. You are a good brother and your help and support are critical for your sister to persue her goal. That's why I write this to you and wish your sister lucky.

Moona
 
Moona,

My apology for being out of loop on this thread. For the past month I've been out of town traveling and my baby's medical troubles prevent me from following up on this forum.

I thank you for sharing your good suggestions and thoughts. I do agree that passing Toefl is very difficult. Good idea to take IELTS instead. My wife with Good English took toefl last month and the result is a frustration (2 points shy of 82 - failed to pass). Yes, my wife already sent all materials to the CGFNS office so that they can process it before it becomes too late.

Question: do we get the EAD card when she gets her approval for i-140? I also get the EAD card when my wife's 1-140 is approved?

James

Moona said:
Duhily,

I am a RN and struggling to get visascreen by passing TSE (TOEFL passed), and my 485 is in process. For your case, I suggest your wife strat to look for a green card sponsor (hospital, nursing home etc). It may not be easy to find a GC sponsor depending on your location. CA and NY are easier.

(1) After you find a GC sponsor, don't let the sponsor hire lawyer to handle your application. You have to have your own lawyer to handle it otherwise you will be pushed too much to get the EAD to work for them meanwhile you have trouble with getting visascreen. This is very important!! A small company with less GC sponsorship experience is better.

(2) Apply visascreen immediately at www.cgfns.org since you have to submit all documents of education, licenses, test scores, and verification from other authorities. Plus CGFNS is very slow to process visascreen app. Usually it takes you 1 - 3 months to get all documents ready except the English test score, and 3 months at least for CGFNS to review the documents. You'd better to get all documents reviewed and approved before your passing English test score is submitted. In this case, you can expect to get visascreen certificate within a month after you submit the passing English test score.

(3) Apply I-140 first and don't file I-485 with I-140. This will buy you more time for visascreen. At any time after I-140 is filed, you can file I-485 with the receipt of I-140 to keep your legal status before the H status expires and your NIW fails. But remember to file 485 as late as you can.

(4) Visascreen is not required when you file I-485 (check the initial documents of I-485). It is only needed at the case decision time. If your case is approved, you would get your GC within a month after the decision time. At the decision, if you don't submit visascreen, RFE will be issued for it, and you usually have 12 weeks to submit visascreen otherwise your case will be denied.

(5) You should take IELTS instead of TOEFL as English test. Go to www.ielts.org for more info. It is easier to meet the requirement of visascreen with IELTS.

(6) Don't rush to get EAD for your wife and put her in work since she needs time to take the test.

(7) You'd better take this seriously even though it is a backup plan.

Good luck!
 
JohnConor said:
There is nothing "risky". You may file I-495 without the certificate. But they will not adjust your status and will issue an RFE for VSC.

quote: "
My wife is a licensed nurse (active) to practice in NY and Ohio and she is not working now...... One of the problems is she did not take Toefl yet (she said it became very difficult because it changed to the IBT format), but she passed the NCLEX exam about 4 years ago. We were told that she could get a job with her license in the US (and without the CGNF's approval), but to get a green card she is required to have a Visascreen Certificate. We were told that a Visascreen certificate is required for I-485."

What is a "licenced nurse"? Is it RN or LPN, or maybe something else? It seems like you confused terms "licence" and "employment authorization".

My wife is an RN, not an LPN. The license means her professional training certified by government. She does not have the "employment authorization" yet.
 
it takes from a month to 3mos for the approval of the EAD. make sure that when you file, file concurrently I-140, I-485 and I-765.


duhily said:
Moona,

My apology for being out of loop on this thread. For the past month I've been out of town traveling and my baby's medical troubles prevent me from following up on this forum.

I thank you for sharing your good suggestions and thoughts. I do agree that passing Toefl is very difficult. Good idea to take IELTS instead. My wife with Good English took toefl last month and the result is a frustration (2 points shy of 82 - failed to pass). Yes, my wife already sent all materials to the CGFNS office so that they can process it before it becomes too late.

Question: do we get the EAD card when she gets her approval for i-140? I also get the EAD card when my wife's 1-140 is approved?

James
 
cool_change said:
it takes from a month to 3mos for the approval of the EAD. make sure that when you file, file concurrently I-140, I-485 and I-765.

Cool_change,

thanks for your comments. Just wondering if you're also an RN and got your GC based on the Scheule A category.
 
duhily,

My family was in almost the same situation with yours on this issue. My husband was in H-1 and I was in H4. My husband didn't not get his GC application filed due to the recession and his company's policy change. My husband's H-1 status will expire this year. When I got my RN license in 2003, I started looking for GC sponsor and filed I-140 in July 2004 and I-485 in Oct. 2004. Now I work on EAD.

If you can hang on H-1 for a while, let your wife work on the English test first meanwhile looking for nurse GC sponsor. After finding one, file I-140 first if your wife doesn't pass the test and you don't want lose the change to file. Hold on the 485 filing until your wife passes the test or you have to do so in case your H status will expire soon. All to do is to give your wife enough time to pass the test.

Preparing the test while working is quite intensive and the stress is running high especially when the 485 denial threat is looming. If your wife file 485 without visascreen, the 485 processing is ticking and the pressure is built high. I have a friend who filed her 140/485/EAD concurrently without visascreen since her case was handled by the sponsor's lawyer and the sponsor needs her to work asap. She asked for three months to pass the English test. Before that she already spent 1.5 years on TSE but didn't pass. She was so desperate to pass the test and she took TSE and IELTS in the same month which is the last month she has. She didn't pass TSE but passed IELTS at 7.5 overall with 7.0 on spoken module. She was exhausted after the tests but reached her goal finally.

Use your own lawyer to handle your wife's application instead of the sponsor's lawyer. Nursing consulting companies are not good for you in this situation because they rush to put nurses on work by subcontracting nurses to nursing homes or hospitals, and make money on the nurses. Small nursing homes or hospitals may be better to be sponsors if your wife have to file 140 first so you can file 485 at any time to keep your status, and the sponsor may not push your wife to work asap. If your file 140 separately from 485, your wife may have at least one year to pass the English test. I experienced a lot to extend my 485 processing time so I can have time to pass the test. Wish your wife lucky and don't have to face the desperate situation.

You can file for EAD with your 485 but you lose your H status if you work on the EAD based on your wife's application, and your wife lose her H4 status too.

Moona
 
Moona said:
duhily,

My family was in almost the same situation with yours on this issue. My husband was in H-1 and I was in H4. My husband didn't not get his GC application filed due to the recession and his company's policy change. My husband's H-1 status will expire this year. When I got my RN license in 2003, I started looking for GC sponsor and filed I-140 in July 2004 and I-485 in Oct. 2004. Now I work on EAD.

If you can hang on H-1 for a while, let your wife work on the English test first meanwhile looking for nurse GC sponsor. After finding one, file I-140 first if your wife doesn't pass the test and you don't want lose the change to file. Hold on the 485 filing until your wife passes the test or you have to do so in case your H status will expire soon. All to do is to give your wife enough time to pass the test.

Preparing the test while working is quite intensive and the stress is running high especially when the 485 denial threat is looming. If your wife file 485 without visascreen, the 485 processing is ticking and the pressure is built high. I have a friend who filed her 140/485/EAD concurrently without visascreen since her case was handled by the sponsor's lawyer and the sponsor needs her to work asap. She asked for three months to pass the English test. Before that she already spent 1.5 years on TSE but didn't pass. She was so desperate to pass the test and she took TSE and IELTS in the same month which is the last month she has. She didn't pass TSE but passed IELTS at 7.5 overall with 7.0 on spoken module. She was exhausted after the tests but reached her goal finally.

Use your own lawyer to handle your wife's application instead of the sponsor's lawyer. Nursing consulting companies are not good for you in this situation because they rush to put nurses on work by subcontracting nurses to nursing homes or hospitals, and make money on the nurses. Small nursing homes or hospitals may be better to be sponsors if your wife have to file 140 first so you can file 485 at any time to keep your status, and the sponsor may not push your wife to work asap. If your file 140 separately from 485, your wife may have at least one year to pass the English test. I experienced a lot to extend my 485 processing time so I can have time to pass the test. Wish your wife lucky and don't have to face the desperate situation.

You can file for EAD with your 485 but you lose your H status if you work on the EAD based on your wife's application, and your wife lose her H4 status too.

Moona

Moona,

Thanks again for your informative comments. I agree with your most of observations.

Did your husband also get the same EAD card when you got yours in 2004? Are you happen to be in the NY or California areas?

My wife began preparing for the IELTS exam and we realized that we have to fly to the test centers to take the exam (we're in Ohio and don't have testing centers in the state). Question: my wife's Toefle score was about 80 and how much time do you think she need to pass 6.5 or 7 (speaking)? We don't have much time. I need to provide employer a copy of EAD card before October this year.

How do I hang on to my H visa when my H visa expires in October this year? I thought that I would have to get the EAD card (through my wife's employment) before October.

James
 
My husband got the EAD with my appliacation but he keeps working by his H-1 status until the H status expires. Sorry I don't live in either NY or CA.

If your wife is confident with IELTS spoken part to get 7.0, then she may probably pass it soon. Sorry I cannot judge the language ability of your wife. But if she can get 7.0 on spoken part which is mandatory, she only needs to get 6.0 on other three modules to make 6.5 overall. Upon IELTS rules, 6.25 on average should be counted as 6.5 overall.

To hang on your H-1 status, one thing you may try is to extend H-1 status one year based on your 485 pending status if your 485 is filed at that time even though you are not the 140 applicant. This is a grey area and you need to consult an experienced attorney. If you cannot extend H-1, you have to get EAD before your H-1 expires.

Go and start looking for a nurse GC sponsor now. Good luck.

Moona
 
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