245i Question

Has anyone been successful in getting sponsored by an employer if you only have 245i? Of course they say it's possible but I have not found a willing employer. I know they sponsor H1B's but I'm curious if it's harder for them to do 245i.

I think you mean the employment-based visas (EB-1,2,3). H1-B is a temporary visa and not like the employment-based visas which are permanent. 245(i) is a petition which allows you to adjust your status while staying in the United States as opposed to leaving the country to adjust at a U.S. consulate in your home country.

245(i) doesn't give you any visa or a green card, its just a protection to allow you to stay in the U.S. and apply for your green card. Normally, the only way to apply for a green card based on employment is to apply at a U.S. consulate abroad. But if you were to go abroad, you'd be banned from reentry for 3-10 years. So its really a Catch-22 situation. 245(i) prevents all this by letting you to apply for a green card while staying in the U.S.

Bottom line, 245(i) lets you stay here when you're applying for a green card but you have to find another way to get on the process to apply for a green card.

Thanks Rahman. I know that 245i cannot grant me a visa but I am not eligible to adjust with an H1B due to being out of status. An employer can theoretically sponsor someone who is grandfathered under 245i. I would like to know if anyone has been able to adjust through and employer.

Not just theoretically. Practically, too. An employer can definitely sponsor you for a green card but the best route depends on a variety of factors, including your skill sets, visa processing times etc. For example, if you were an engineering graduate from a school in the U.S. but then moved abroad to work for a few years, then an employer has multiple ways to bring you to the U.S. These means include through H1-B, or EB-2,3 or subcontract out to your firm's U.S. Subsidiary who would then try the intercompany transfer visa.

But you're right, its not possible to adjust to H1-B status from undocumented. Currently, the only route is through an employer or family. The critical issue is to find an employer who is ready and willing to go through the EB-visa process.