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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105168
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I have concerns which is the best way for me to get a card.

Customer Question

Hi, I have concerns which is the best way for me to get a green card. I am an international student, I finished my associates degree in nursing here in California, and now a Registered Nurse in California. I am currently completing my bachelors degree in nursing. I am not yet in OPT. I understand that for EB3 it takes 6-7 years for me if an employer petitions me. I am wondering if I could use my bachelors degree in nutrition and dietetics in the philippines (I am a licensed nutritionist dietitian in my country-philippine). But I did not work for 5 years, i worked less than 5 years. Is there a way for an employer to petition me using my Bachelors degree in Nutrition and Dietetics?
JA: Have you talked to a lawyer yet?
Customer: i talked to different lawyers only through free consultation long time ago. And they had different opinions regarding my case.
JA: Since laws vary from place to place, what state is this in?
Customer: California My parents are US Citizens, they petitioned me 2012 while I was here in the US as international student. I am 35 years old. and I am a Filipino citizen. I believe family petition for me will take a very long time is that correct?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I will have 1 year to go before I start working and using my OPT.
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

So you are saying that you do not have 5 years of progressive experience to match a master's degree and get into EB-2, correct? When did your parents file for you?

Customer: replied 1 month ago.
Hello! yes I do not have 5 years of progressive experience as licensed nutritionist-dietitian in the Philippines. I need to ask my parents for specific if F1 or F2, but they are US citizens that time and I am now 35 years old. I was 32 years old when they filed the petition.
Customer: replied 1 month ago.
I am thinking if it is possible for an employer to petition me using my dietit***** *****cense in the philippines, but I would work for them as a registered nurse here in california once I get my OPT next year (August, specifically). Or should they just petition me for H1B visa or EB3 visa after I finish my bachelors degree in nursing next year? What is the better or faster route for me?
Customer: replied 1 month ago.
My parents filed for me year 2012. Sorry I forgot to answer that.
Customer: replied 1 month ago.
Hello, are you still there? :)
Customer: replied 1 month ago.
I will wait for your answer, i am still here. thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Yes, I am still here. Sorry, I am attending multiple clients at the same time. Unfortunately, you will not be able to mix and match those two different degrees and experiences to qualify. Through your parents, it is an 11 year wait for a green card (you still have about 9 years if they applied for you two years ago) and through a bachelor's degree, it is about a 7 year wait (though you could file an I-485 in 3 years if you maintained your legal status somehow). If you could get into EB-2, you could file immediately and only have to wait about a year and a half for a green card, but you could stay in the U.S. while you wait. To get into EB-2, you would have to either have the bachelor's degree and 5 years of progressive experience in the field, or you would have to have a master's degree. So I think you are going to have to accrue more experience or go back to school for a higher degree. If you complete your bachelor's in nursing, you are still in the same boat. You can get H-1B through either bachelor's degree and have that employer or another employer file for you to get a green card, but it is still a long wait unless you have an advanced degree. I wish I had better news for you in that regard.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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