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Stream 04-19-2015 01:22 PM

aos thru employment
 
does anyone know of its possible to apply for advance parole and then apply for aos thru an employment visa.

Kari096 04-19-2015 01:27 PM

Re: aos thru employment
 
I would imagine if you have an employer who will sponsor you.

newlife2012 04-19-2015 04:17 PM

Re: aos thru employment
 
I am pretty sure you can't do this.

I think the only AOS you can do once you accumulate illegal presence is through Immediate relative(Wife,Husband,Son,Daugther).

Clearing EWI does not negate the illegal presence which you accumulate when you are illegal.
As far as I remember you could not apply for a work AOS if you had illegal presence.

Demise 04-20-2015 06:52 AM

Re: aos thru employment
 
Quote:

Originally Posted by Stream (Post 557635)
does anyone know of its possible to apply for advance parole and then apply for aos thru an employment visa.

Very unlikely. All the former illegal presence prevents you from getting an employment visa, this includes both a non-immigrant work visa, and a permanent residence visa.

While technically you could adjust status under 245(k) should you get a non-immigrant visa, but that's impossible to begin with.


Only way for you to get either, you'd need to have accrued less than 180 days total of illegal presence (so you don't face a 3 or 10 year re-entry ban). So this is an option only for those who have filed for DACA before turning 18. If you're in this situation, and have an employer willing to get you an H-1B, I say - go for it.

Deafening Thoughts 04-20-2015 02:51 PM

Re: aos thru employment
 
Quote:

Originally Posted by newlife2012 (Post 557641)
I am pretty sure you can't do this.

I think the only AOS you can do once you accumulate illegal presence is through Immediate relative(Wife,Husband,Son,Daugther).

Clearing EWI does not negate the illegal presence which you accumulate when you are illegal.
As far as I remember you could not apply for a work AOS if you had illegal presence.

Does this include overstaying visa? That you can't adjust status through the employer?
My employer is willing to sponsor me and I'm a visa overstay and have been approved with DACA.


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