H4 passed NCLEX, please advice what's best to do next..

E

emcuse

Registered Users (C)
My husband on H4 just passed CA NCLEX RN. I called the BON and they said ITIN may be submitted to obtain license. He passed the TOEFL already and scheduled for TSE on May. He will send his application for Visa Screen this week (did not take CGFNS so he waited to pass NCLEX). We found a willing employer to file a petition for him.
-Can he apply for EAD right away? or apply for adjustment of status? which should be filed first? the petition, EAD or adjustment? How can he start working asap?
-My H1 status is still good until November and hopefully will be renewed despite the pending cases filed against my employer (by other past workers).
Incase I cannot renew my H1 for some reason, will my family be included on my husband's adjustment of status?
For those of you who have been in this situation, I will appreciate your sharing. Thank you very much.
 
Congrats!!

- If the willing employer prefers to handle the application via its lawyer, your husband may tell them he has not got the visascreen yet. Even though 140/485/EAD can still be filed concurrently if the employer wants your husband to work asap.

- If you have your own lawyer to handle the application, your husband may file 140 first if possible and he can have sometime to get visascreen. And later you and your husband can file 485/EAD if you need to keep your status or your husband gets visascreen.

- Remember, your 485 will be denied when the visascreen is overdue upon RFE in 485 processing. And the immigration visa date may not be current in 2007 which means nurse 485 applications will be backlogged just like other EB categories.

- TSE will phase out after June 2006. After that time, IELTS may be better choice for visascreen.

Good luck!
 
Moona said:
Congrats!!
- Remember, your 485 will be denied when the visascreen is overdue upon RFE in 485 processing. And the immigration visa date may not be current in 2007 which means nurse 485 applications will be backlogged just like other EB categories.
Good luck!
Click to expand...

upon filing of 485 without visa screen, how long would it take for one to receive a RFE? how many days would CIS give the applicant to submit RFE?

thanks moona
 
The processing time depends on the service center accordingly. After 04/01/2006, all 140/485 applications will be sent to Nebraska center, so you need to check the new processing schedule at Nebraska center. CIS will send RFE to you when they process your 485 app and find visascreen is not submitted with the application of nurse. Generally the RFE gives 12 weeks to submit visascreen.
 
Hi Thr
I M Also On H4, Can I Enroll Into Rn Program And Can Give Nclex.plz Advise,\thanks
Jyoti
 
H4 passed NCLEX, please advice what's best to do next

[
hi!
my wife has just graduated and will be giving her NCLEX next month. She got approved for the job in the hospital.But right now they say, H1 visa is not available and they cannot sponsor her and Schedule A visa quota is no more.. So please let me know how the employer is ready to sponson your husband when there is non availability of visa. Your knowledge willl be highly appreciated. She is on H4.

QUOTE=emcuse;1387536]My husband on H4 just passed CA NCLEX RN. I called the BON and they said ITIN may be submitted to obtain license. He passed the TOEFL already and scheduled for TSE on May. He will send his application for Visa Screen this week (did not take CGFNS so he waited to pass NCLEX). We found a willing employer to file a petition for him.
-Can he apply for EAD right away? or apply for adjustment of status? which should be filed first? the petition, EAD or adjustment? How can he start working asap?
-My H1 status is still good until November and hopefully will be renewed despite the pending cases filed against my employer (by other past workers).
Incase I cannot renew my H1 for some reason, will my family be included on my husband's adjustment of status?
For those of you who have been in this situation, I will appreciate your sharing. Thank you very much.[/QUOTE]
 
abandookwala63 said:
[
hi!
my wife has just graduated and will be giving her NCLEX next month. She got approved for the job in the hospital.But right now they say, H1 visa is not available and they cannot sponsor her and Schedule A visa quota is no more.. So please let me know how the employer is ready to sponson your husband when there is non availability of visa. Your knowledge willl be highly appreciated. She is on H4.

QUOTE=emcuse;1387536]My husband on H4 just passed CA NCLEX RN. I called the BON and they said ITIN may be submitted to obtain license. He passed the TOEFL already and scheduled for TSE on May. He will send his application for Visa Screen this week (did not take CGFNS so he waited to pass NCLEX). We found a willing employer to file a petition for him.
-Can he apply for EAD right away? or apply for adjustment of status? which should be filed first? the petition, EAD or adjustment? How can he start working asap?
-My H1 status is still good until November and hopefully will be renewed despite the pending cases filed against my employer (by other past workers).
Incase I cannot renew my H1 for some reason, will my family be included on my husband's adjustment of status?
For those of you who have been in this situation, I will appreciate your sharing. Thank you very much.
Click to expand...
[/QUOTE]




the job offer was back in summer last year when Schedule A was still current. he is now working on EAD as we were able to file concurrently before Oct 1 '06. good luck to all of us!
 
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