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 Nandini
P Nair advices an H1-B visa holder how to change her status to H-4
Que. My husband and I are on H1-B visas. I have
been told by my company that I will be laid off in two weeks. I
think I am going to change my status to H-4, can I do this?
—Smriti Mishra
Ans. Yes you can change your status to H-4. You
will need to file an application with the Immigration Service for
the change of status from H1-B to H-4.
You will need to establish that both you and your spouse are maintaining
your current legal statuses for the Immigration Service to approve
the change of status for you. Or, you can go out and get H-4 visa
at a consulate abroad and then re-enter the US on H-4 status.
Que. My green card is being processed by my company.
If my H1-B expires (after six years) and I have to leave for India
for a year and return with a new H1-B, do I have to restart my green
card process with my company? I know that I can extend my H1-B but
I may want to go back to India for some time.
—Rahul Bhatnagar
Ans.You do not need to restart the green card
process if you travel abroad and stay in India for a year. The process
can continue, since the green card is only for a future job and
not a present job.
Que. My wife is a nurse in India. A US company
is willing to sponsor her for the green card. Kindly explain the
difference between a “CGFNS Certificate” and a “Visa-Screen
Certificate”? Are they the same thing?
—Kris Patrik
Ans. A “CGFNS Certificate” is awarded
after the successful completion of the CGFNS Certification Programme.
The programme is designed specifically for first-level, general
nurses educated and licensed outside the United States who wish
to assess their chances of passing the US registered nurse licensing
exam, the NCLEX-RN examination, and attaining licensure to practice
as registered nurses within the United States.
The programme is comprised of three parts: a credential
review of the nurse’s education, registration and licensure;
the CGFNS Qualifying Exam, a one-day qualifying exam testing nursing
knowledge; and an English language proficiency exam.
Nurses who do not hold a state licensure in their
state of intended practice must have a CGFNS certificate in order
to file an immigrant visa petition. Also, many state boards of nursing
require the CGFNS Certificate for state licensure. The “VisaScreen
Certificate” by contrast is needed for consular processing
or adjustment of status. The document must be presented to a consular
office or, in the case of adjustment of status, the CIS, as part
of a visa application.
The VisaScreen Certifi-cate evidences that the
holder has completed a required screening programme for health care
professionals (other than physicians) in order to qualify for certain
occupational visas.
Screening includes an assessment of the applicant’s
education to ensure it is comparable to a US graduate in that same
profession; verification that licenses are valid and unencumbered;
English language proficiency; and, in the case of nurses, verification
that the nurse has either earned a CGFNS Certificate or passed the
NCLEX-RN Examination.
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