Hello everyone who knows about nurse cases or who like to share experience of I-485 application, I need your help to rescue my wife’s RN greencard application.
We are in California. My wife worked as RN since 2001. From 2001 to Jun 21, 2006 she worked with TN that renewed year by year. Before the TN expired date on last June, she ted a
Greencard Application by an attorney. She got I-140 approved, EAD approved before the TN expired date but got i-485 denied in September 2006 due to no Visascreen certificate. The attorney ted the 2nd i-485 application in October 2006. She got new EAD and continued working as a nurse. The attorney said no problem by reting i-485 if denied. In the early of 2007, USCIS asked her again for the Visascreen and denied the case again on Mar.,2007 in the same reason--no Visascreen. She got visascreen and reted the i-485 in May, 2007 but USCIS did not accept the application because Schedule-A is over, the nurse Greencard application was fallen to EB3 again. We got good news recently about the EB3 priority will be current in July 2007. But we also got bad news from the same attorney about the “overstay”. We were told that she might have overstayed in US since Jun 2006 based on the attorney's recent experience for another nurse case. That is too bad for us. We have relied on the attorney but we may have a big trouble due to the attorney's fault. What could we do now? Could she send i-485 again? She planed to leave within 180 days after the I-485 deny (the attorney told us to do so) until we knew the EB-3 priority is in current next month. If she goes back Canada to re-apply TN or H4, whether she would subject a 3yr or 10yrs blockage to re-enter? The attorney told us there were successful cases in the same condition two years ago. Due to no temporary work visa like H1 for most nurses and a slow process for Visascreen, I think there are more cases (out of status when I-485 in pending) in such condition. I will be very appreciated for anyone giving guidance based on your nurse immigration knowledge or experience of your i-485 processes.