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hello guys... I am new to the forum...
I have a quick question
do u whether we are eligible for H-1B or EB-2, 3 visa?
can we apply for a sponsorship from the company?

If you were sponsored under 245(i), you can apply for other immigration benefits even if your application is still pending. If not, nope.

For all three visas (H1-B, EB-2, EB-3), you have to have a company or an employer file a petition on your behalf. If you have a company willing to do that, then go right ahead but you or your parents have to have a 245(i) petition to adjust your status in-country. If not, then you have to leave the country, which would trigger the 10-year ban.

I know that the H1-B is for advanced professionals, almost all of it goes to people in engineering/computer technologies/hard sciences. If you studied in any of these three areas, contact a lawyer, see what he/she can do.

am i the only one to notice all these questions from people we've never heard of before?
i smell rotten fish

Is there an age requirement for a company to sponsor you? Or like a time period you need to be working there?

Regarding H1-B...the short answer is no, even with 245(i).

Quote:

Q: My sister, who is a U.S. citizen, filed a petition for me in June 1998, and the priority date is around the same time. Since then, I graduated from UC Irvine with a bachelor’s degree in biochemistry. Since I’ve overstayed my visa, can I use 245(i) to apply for an H-1B?

A: The law requires you to remain in legal status in order to acquire H-1B status while in the U.S. Since you have overstayed, you do not meet that requirement. INA § 245(i) only applies to immigration applications. Technically, an application for H-1B status is a nonimmigrant application, and therefore you cannot use § 245(i) to become eligible to acquire H-1B status while in this country.

From:
http://www.asianjournal.com/?c=129&a=18629

Awww...that sucks.

Also, you guys need to stop being so paranoid.

Quote:

Originally Posted by RahmanIV

i am taking up nursing, so can i qualify for a company to sponsor me and get a visa? even tho im already here in the u.s.?

Ed, listen you can't get H1-B if you've lived here without status. A good lawyer can maybe waive the requirement if you lived illegally for less than 6 months. Since you've been out of status for so long, then H1-B is a no show.

Now I'm not completely sure about the details or the application of Section 245(i) but to my knowledge, its the law that allows undocumented people to adjust their status while in the United States. Normally, a person, in your case who is looking to obtain a green card through employment sponsorship, would have to apply from their native country and deal with the U.S. consulate in that country. A 245(i) petition (filed before 4/30/2001) would allow the person, if they're able to gain a visa through employment sponsorship, to obtain a green card while residing in the United States

To the best of my knowledge, I don't know of any current law or immigration directive that allows an undocumented person to obtain a green card while living in the United States, if they don't have a 245(i) petition. Someone prove me wrong???

So the question is, Do you or your parents, have a 245(i) petition filed on your or their behalf before 4/30/2001?

Here is an excellent site with FAQs about Section 245(i). Everyone should read this:
http://www.ilrc.org/resources/sijs/faq245.html

Also btw, if you're doing nursing, then your profession qualifies as a specialty occupation under the Department of Labor's standards. That means that your employer doesn't have to obtain a labor certification from the Dept. of Labor but can directly file a I-140 petition with the USCIS. You should read up on the foreign labor certification process which is detailed at http://www.foreignlaborcert.doleta.gov/perm.cfm