Legal Question in Immigration Law in California

Re: H1B Visa

Although my office does a lot of H-1Bs, we don't do nurse cases. And, I'm not familiar with the "nclex" test that you referred to. With that said, I know that H-1Bs are hard to get for nurses since most hospitals routinely hire nurses not required to have a Bachelor of Science in Nursing (H-1B requires at least a Bachelor's degree). However, if the employer can show that a particular RN position requires a four-year degree (like a supervisory position), an H-1B may be approved. A potential problem with your case is your licensing status as a nurse in California. You have to be licensed before the H-1B can be approved. I don't know if a temporary license is available in California, but in some cases, the INS will grant the H-1B even if you only have a temporary license.

The H-1B petition and change-of-status papers must be filed with the INS before the expiration of your current visa in March (I assume it's a tourist visa). As long as all these papers are filed before expiration of your tourist visa, it's OK, even if the INS takes many months to approve.

Liem Doan, Esq.