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I-140 petition for a nurse

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  • I-140 petition for a nurse

    I come here in US in a B2 visa and the immigration officer in the port of entry gave me only a 1 month to stay and make a comment of "limited stay per SII" at the back of my I-94. We are planning to apply for an extension of my stay since I'll be taking my NCLEX exam in 2 months time. But then, 2 weeks after I arrived, a recruitment agency is interested to file for an I-40 petition on my behalf. Im worried on which is the best way to take since I've got this "SII" in my I-94. PLEASE HELP ME....coz my stay will be expiring at the end of April.

  • #2
    I come here in US in a B2 visa and the immigration officer in the port of entry gave me only a 1 month to stay and make a comment of "limited stay per SII" at the back of my I-94. We are planning to apply for an extension of my stay since I'll be taking my NCLEX exam in 2 months time. But then, 2 weeks after I arrived, a recruitment agency is interested to file for an I-40 petition on my behalf. Im worried on which is the best way to take since I've got this "SII" in my I-94. PLEASE HELP ME....coz my stay will be expiring at the end of April.

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    • #3
      Hey jhon,

      I've got the same dilemma as you are.

      Umesh, Mohan....please help us!!!

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      • #4
        to anyone who's knowledgeable about my problem.....please help me.....

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        • #5
          In case somebody wants to sponsor you for job as a nurse, then it will be better for you and you can apply for change of status. You should also file for extension of your stay. You must apply for extension couple of days or a week before expiry of I-94.
          Good luck.

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          • #6
            Thanks for your quick response.

            Umesh, will there be a conflict of interest if I apply for an extension of my stay then an agency will file for my I-140 after a week or so? OR will it be alright to let the agency file for the I-140 alone without the need to file for an extension of my stay...since they told me that applying for an I-140 supercedes my B2 visa? How about the "SII" written at the back of my I-94, will it have any repercussion in my immigrant petition? Kindly give me your thoughts about this.

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            • #7
              To JHON:
              It will not harm you to file for extension also but it will help you to stay in status. While applying for extension you just send photocopy of the I-94 containing you information and Immigration stamp with date on it.
              You should ask the employer to file papers asap and ask your attorney to apply for AOS as well.
              Good luck.

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              • #8
                Umesh, I've got the same problem as Jhon, but I'm really worried about this SII comment at the back of my I-94. Does it have any impact to my AOS? Will they question me why I enter as a tourist then in less than a month, file an immigrant petition? Im afraid that they might charge me with fraud and will lose the benefit of working here as a nurse and live here with my family.

                Thanks.

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                • #9
                  If you got some employer is interested to hire you for nurse, this should not be a problem. When you came here, you had such intention but now you feel that you have more opportunities here, so you can avail those opportunities. Immigration will not bother with that, especially when we have shortage in your category.
                  Good luck.

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                  • #10
                    Whew, your really heaven sent to someone like me who don't have money to pay for lawyers fees but need a valid opinion. Just one last question : is it really necessary for me to file an extension of my stay since the agency will already file the I-140 on my behalf immediately? does the filing of I-140 really supercedes my visitor status?

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                    • #11
                      Please be careful and ask any lawyer about your situation.As far as I know,if you enter to US by
                      Tourist visa it is very difficult to do the extension of stay unless you have proved of support like;you are in Hospital with the doctor treatment or something like that,secondly being a tourist and you looking for a job just few weeks after you arrived will prove to INS that you have
                      "misrepresentation" means that tourist visa is only good for temporary visit or non-immigrant intend and your intend is to stay permanently for sure it will be disapproved !

                      I have my wife most likely the same case as you,
                      We went to see the lawyer and he suggested that you have to wait for 30 days or more before you will start processing of your I-140 and so on...
                      since it will avoid the INS to re-visit your case as misrepresentation which apply to 30/60 days rule.
                      The best way in your case is to let the hospital sponsor you then come back home waiting for consular process because your case is given only 30 days to stay and it is quite a short period to do anything about adjust status.

                      You can give me your E-mail and I will share with you as far as I know.

                      Don't be so quick otherwise you will end up to the point of no return since you will be risky to be out of status and finally difficult to adjust your status.

                      Please recheck also with other people information

                      Thank.

                      The

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                      • #12
                        to guest:
                        in our country theres a backlog of application for nurses who wanted to work here, the minimum waiting period for a nurse is 18 months before we can take the NCLEX exam, etc. the fastest way i can think of is to come here as a visitor and take the licensure examination, it just so happen that theres an agency who is willing to sponsor me after i came here 2 weeks ago. Im planning to file an extension of my stay here, but dont know how long it will take before they would handle the decision 'bout my request....its good if i can still buy some more time, but what if they immediately turned down my request? i really dont know how long the INS will process my request, thats why i am contemplating of letting my employer file an I-140 bec. it may supercede my request for an extension anyway. kindly give me your thoughts about it...

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                        • #13
                          "2 weeks after I arrived, a recruitment agency is interested to file for an I-40 petition on my behalf"

                          That's bull!!!!!!!! Something else went on, noone will offer to file for you just "2 weeks after I arrived"....................Bullshit!
                          Tell the truth, or I'll come looking for you!

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                          • #14
                            to: worst nightmare,
                            how can you look on someone when we just presented the case...we dont have any intention per se to break the law and/or stay unlawfully in this country.

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                            • #15
                              Take a look at www.immigration.gov

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