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-   -   Greencard Two diffrent occupations (https://britishexpats.com/forum/us-immigration-citizenship-visas-34/greencard-two-diffrent-occupations-730603/)

dhama Aug 31st 2011 7:34 am

Greencard Two diffrent occupations
 
Hi All
I have few doubts to clarify. If some one could answer my questions would be a great Help.

My Wife is presently working in IT at Australia. However she has already applied for master's Degree in Nursing in University of Queensland and she will complete it in 2 years. Once she completes and complete all formalities like NECELX exam and then she wants to apply for a green Card outside the USA. once green card is applied then can she wants go on h1b or E 3 Visa to usa to work in IT profession till she gets green card as this process would take many years.

1.Is is Legally Allowed or Possible.

2.once she enters usa on H1B or E3 on IT Profession will still green card process would be on or canceled automatically


3. I am sure that it is complicated but your suggestion and Knowledge on this regard would be useful and she is going to spend thousands of dollars on nursing studies. she is highly skilled IT profession and she wanted to choose nursing profession for a change in career and getting a easy pathway for green card.

we wanted to move USA as early as Possible due to our Daughter's Future. we are Totally confused. Any suggestions and Advice would be appreciated

Thanks and Regards
Dhama

christmasoompa Aug 31st 2011 7:58 am

Re: Greencard Two diffrent occupations
 
How does she plan to apply for a greencard? I can't see any way she can do that from what you've posted, does she have a family member who will sponsor her?

dhama Aug 31st 2011 9:19 am

Re: Greencard Two diffrent occupations
 

Originally Posted by christmasoompa (Post 9591903)
How does she plan to apply for a greencard? I can't see any way she can do that from what you've posted, does she have a family member who will sponsor her?


Hi
Yes any RN nurse from Currently Living country can apply for greencard outside the usa . Also employer can file I-140 Directly and no LCA is required. Thanks

seawaternow Aug 31st 2011 12:11 pm

Re: Greencard Two diffrent occupations
 

Originally Posted by dhama (Post 9592006)
Hi
Yes any RN nurse from Currently Living country can apply for greencard outside the usa . Also employer can file I-140 Directly and no LCA is required. Thanks

Prepare for a long wait for that visa category.

Bob Aug 31st 2011 4:42 pm

Re: Greencard Two diffrent occupations
 

Originally Posted by dhama (Post 9592006)
Hi
Yes any RN nurse from Currently Living country can apply for greencard outside the usa . Also employer can file I-140 Directly and no LCA is required. Thanks

:lol:


Seriously.

Follow the H1B or E3 route for IT work, if you can find an employer to bother with the cost. Spouse can't work on the derivative H4 though, but it is duel intent.

Silverdragon102 Aug 31st 2011 6:00 pm

Re: Greencard Two diffrent occupations
 

Originally Posted by dhama (Post 9592006)
Hi
Yes any RN nurse from Currently Living country can apply for greencard outside the usa . Also employer can file I-140 Directly and no LCA is required. Thanks

Nurse can't apply for GC it is employer driven

Look up retrogression and the 5+ years wait and also check out allnurses.com where you will find many US nurses struggling to find work therefore finding a employer is going to be difficult.

If she meets E3 requirements there is nothing stopping her from applying as a nurse and working in the US on a E3 whilst waiting for a GC she doesn't have to look for IT jobs. A few Australian nurses have gone this route and there are posts in the International section on allnurses explaining how they did it.

ian-mstm Aug 31st 2011 6:16 pm

Re: Greencard Two diffrent occupations
 

Originally Posted by dhama (Post 9591876)
... she wants to apply for a green Card outside the USA.

This will be very difficult. There is no mechanism for her to apply for a GC from outside the US. Indeed, the best she can do if sponsored by a close family relative (= spouse, parent, child, sibling), is apply for an immigrant visa.

Further, if she manages to get an employment-based visa, the employer must start the GC process on her behalf once she's in the US... it's not something she can do herself independently of the employer. Further, the employer is under no obligation whatsoever to begin the process on her behalf.

Ian

augigi Sep 2nd 2011 4:54 am

Re: Greencard Two diffrent occupations
 
I doubt she would even get approval to sit NCLEX in the US if she's doing a 2 yr masters with no bachelor of nursing. I can't see how that would cover the required specialties to be eligible for state registration over there; the 3 yr degrees just make it (depending entirely on clinicals and theory hours).

She should NOT... repeat NOT... become a nurse because she thinks it is a path to an "easy" greencard. It is NOT. It possibly used to be, but there are NO "nurse greencards" now. There is also NO economic need or incentive for employers to sponsor foreign nurses.

You wouldn't be able to even get an E3 if you have a GC petition pending, I wouldn't think, as you have to state that you do not intend to live permanently in the US.

dhama Sep 2nd 2011 6:37 am

Re: Greencard Two diffrent occupations
 
Thanks. But getting admission to Master degree in Nursing (Graduate entry ) awarded to those have completed degree in any discipline within last 10 years and and they are eligible to register as a nurse in Australia. . I believe even diploma in nursing get approval for nclex exam. Correct me if i am wrong. Also if you look back the history of Retrogression for nurses have been since 80's . Still many people got green card and whenever retrogression was lifted. It is just my opinion.yes e3 is not a dual intent visa.But h1b is possible for IT Professional.Also there are so many agencies(employer) around new york area is willing to sponsor for green card if we bear the expense. Any views appreciated.

Thanks and Regards
Dhama






Originally Posted by augigi (Post 9595777)
I doubt she would even get approval to sit NCLEX in the US if she's doing a 2 yr masters with no bachelor of nursing. I can't see how that would cover the required specialties to be eligible for state registration over there; the 3 yr degrees just make it (depending entirely on clinicals and theory hours).

She should NOT... repeat NOT... become a nurse because she thinks it is a path to an "easy" greencard. It is NOT. It possibly used to be, but there are NO "nurse greencards" now. There is also NO economic need or incentive for employers to sponsor foreign nurses.

You wouldn't be able to even get an E3 if you have a GC petition pending, I wouldn't think, as you have to state that you do not intend to live permanently in the US.


ian-mstm Sep 2nd 2011 3:01 pm

Re: Greencard Two diffrent occupations
 

Originally Posted by dhama (Post 9595838)
Still many people got green card and whenever retrogression was lifted.

In the PAST, nurses may have gotten a green card. That has NOT been true for at least 8 years now and will likely NOT be true for the next 10 or 20 years.



Also there are so many agencies(employer) around new york area is willing to sponsor for green card if we bear the expense.
You seem to be confusing two separate and distinct situations. 1) an employer sponsors you for a visa; and 2) an employer sponsors you for a green card.

The first one is the tricky one. A US employer is unlikely (not impossible, just unlikely) to sponsor you for a visa because that means they have to pay out several thousand $$ to get you that visa. The employer MUST pay the cost of the visa. Why would they spend all that money when there are thousands of unemployed people already in the US who do not need sponsoring and can start work tomorrow if asked. This is *especially* true in IT.

If you happen to get a visa and arrive in the US, the employer must then be willing to sponsor you for the green card. They are NOT obligated to sponsor you for a green card and you can NOT file for a green card on your own without their cooperation.

Ian

Bob Sep 2nd 2011 7:48 pm

Re: Greencard Two diffrent occupations
 

Originally Posted by dhama (Post 9595838)
...Also there are so many agencies(employer) around new york area is willing to sponsor for green card if we bear the expense. Any views appreciated.

Because it's easy money, they take the money off you, you don't get a visa, you're in a foreign country and have next to no way of getting it back.

If you've got some serious niche skills you might wrangle a H1B, or more likely a company transfer. IT isn't the easy route that it used to be though, because it's something that is more than dime a dozen over here.

augigi Sep 16th 2011 2:09 am

Re: Greencard Two diffrent occupations
 

Originally Posted by dhama (Post 9595838)
Thanks. But getting admission to Master degree in Nursing (Graduate entry ) awarded to those have completed degree in any discipline within last 10 years and and they are eligible to register as a nurse in Australia. . I believe even diploma in nursing get approval for nclex exam. Correct me if i am wrong. Also if you look back the history of Retrogression for nurses have been since 80's . Still many people got green card and whenever retrogression was lifted. It is just my opinion.yes e3 is not a dual intent visa.But h1b is possible for IT Professional.Also there are so many agencies(employer) around new york area is willing to sponsor for green card if we bear the expense. Any views appreciated.

Thanks and Regards
Dhama

I believe I already did correct you as you are wrong. Yes, doing a graduate masters degree in nursing will qualify you to register as a nurse in AUSTRALIA. That does not mean that it will make you eligible to become licensed in the US, which requires minimum theory and clinical hours in various areas. They may be covered by the 2 yr degree; I don't know. I just don't see how.


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