Im I eligible for Sponsorship?

[Lane]

Hello everyone I heard about this site through Dap..

I came here at the age of 7 with a tourist visa I believe it was either a B-1 or B-2visa, right now im 21 y/o and out of status. I do not fall under 245i...I have recently graduated From Nursing school...I know that hospitals and Nursing homes sponsor...My question is can I get sponsored by a Hospital or nursing home even if I dont fall under 245i? I have talked to several lawyers and they tell me no (but I dont trust them)...I have done some research and I get confuse, some information say that I have to go back to my home country and apply from there but that makes no sense since that would subject me to the 10 year ban, and some say that in order for me to get sponsored I need to qualify under 245i, is this true?....I have an offer for sponsorship...but can I get sponsored.. would I be eligible for the EB3 visa?

I have taking my Nursing state exam and passed it all I need is the license which I cant get due to my legal status...

[Laura]

I don't think an employer can sponsor you without you leaving the U.S. either. If you were married to a USC, you could adjust status without leaving assuming you had the I-94 or some proof that you had entered the U.S. on a visa, but I don't think you can adjust through that means through an employer without 245i.

My best suggestion would be to attend Laurel Scott's weekly attorney chat on any Wednesday at 11:00 central time on visacentral.net. Otherwise hopefully some other members will comment.

Welcome to our forum!

[Lane]

Thank you for ur response...I'm still going to go try to see a lawyer this week even though most likely he is going to tell me the same thing...

[DREAM Act Advocate]

Just to clarify, the chat is 11 am on Wednesday, Central Time.. just went there to check myself.

[Lane]

thanks...

[Lane]

i couldnt make it to the chat this wednesday that was the day i went to see the lawyer...he told me the same thing as the others said...I did however talk to another immigration lawyer and he mentioned something about an I-129 form this is the info i got from it:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=229c6138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
[/quote]Registered Nurses (H-1C’s)
The H-1C category applies to an alien coming temporarily to perform services as a registered nurse in a health professional shortage area as determined by the United States Department of Labor. Only 500 nurses can be granted H-1C status in a fiscal year nationally. There are also numerical limitations for each state based on the state’s population. The cap for states with populations in excess of 9 million is 50 per fiscal year. The cap on states with populations of 9 million or less is 25 per fiscal year.

How to petition for an H-1C nurse
An H-1C petition can only be filed by a United States employer hospital (facility) that has filed an attestation on Form ETA 9081, Attestation for H-1C Nonimmigrant Nurses, with the United States Department of Labor. For information on how to file an attestation with the Department of Labor, please visit the Department of Labor’s Employment and Training Administration. Petitions for an H-1C nurse must be filed on form I-129, Petition for Nonimmigrant Worker, at the Vermont Service Center.

Supporting documentation to be filed with an H-1C petition
The petition (Form I-129) should be filed by the facility with:

A current copy of the Department Labor’s acceptance of the filing of an attestation on Form ETA 9081;
A statement from the facility describing any limitation which the laws of the state or jurisdiction of intended employment place on the alien’s services;
Evidence that the alien(s) named on the petition is a person who is or will be authorized by a State Board of Nursing to engage in registered nurse practice in a state or U.S. territory or possession, and who is or will be practicing at a facility which provides health care services;
Evidence that the alien(s) named on the petition has passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS), or has obtained a full and unrestricted (permanent) license to practice as a registered nurse in the state of intended employment or has obtained a full and unrestricted (permanent) license in any state or territory of the United States and received temporary authorization to practice as a registered nurse in the state of intended employment;
Evidence that the alien(s) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States; and
Evidence that the alien(s) named on the petition is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to practice as a registered nurse immediately upon admission to the United States, and is authorized under such laws to be employed by the employer.


Some terms and conditions of the H-1C classification:

Work authorization for H-1C nurses is employer-specific, i.e. limited to employment with the approved employer/petitioner.
A change of employer requires a new H-1C petition; new employment (any employment other than the originally approved employment) cannot begin until a petition for change of employment (Form I-129) is approved by the INS. If an H-1C nonimmigrant nurse will work for more than one employer, each employer must file its own H-1C petition on the alien’s behalf.
An H-1C alien is not precluded from applying for adjustment of status to permanent residence if the alien is otherwise eligible for adjustment of status.
More than one nurse may be included on an H-1C petition.


Dependents
Dependents (spouses and unmarried children under 21 years of age) of H-1C workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification.[/quote]


So this is what I found...Now for ppl with more experience with the law...can I apply for this while Im in the state and without status?
Also since its only for temp work can I somehow start off with this and then have my job sponosor me for a greencard? Anyone know?.....