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DAP Forums > DREAM Act > The News Room

H1B Work Visa

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#1
07-19-2024, 07:46 PM
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Do DACA qualify for work visas now?
If so, does it require living the country first?
Can someone please explain. TIA

https://natlawreview.com/article/uni...-path-daca-and
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#2
07-21-2024, 08:42 PM
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tanyae
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Quote:
Originally Posted by jorgeag92 View Post
Do DACA qualify for work visas now?
If so, does it require living the country first?
Can someone please explain. TIA

https://natlawreview.com/article/uni...-path-daca-and
Yes, DACA qualify. spoke with a lawyer earlier. If you have an employer who's ready to submit for you you can apply for either H1B, or work-based green card.
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#3
07-21-2024, 11:54 PM
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https://cbkimmigration.com/the-d-3-w...-for-students/
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#4
07-21-2024, 11:57 PM
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https://immigrationhelpla.com/blog/h1b-to-green-card/

transition from h1b to green card is still a bitch
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#5
07-22-2024, 09:21 AM
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iah's Avatar
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Quote:
Originally Posted by tanyae View Post
Yes, DACA qualify. spoke with a lawyer earlier. If you have an employer who's ready to submit for you you can apply for either H1B, or work-based green card.
Question. How are daca holders able to get work based green card???

My cousin is:
DACA
Bachelor degree
Got advance parole last year
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#6
07-24-2024, 04:49 PM
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So I found out some more details. Yes, it is possible for DACA to get a work visa, but not all DACAs will be able to take advantage of this.
First, work visas H1B are for 3 years, and can be extended for 3 additional years giving you 6 years total of legal status. However, if you were out of status for more than 1 year you are technically banned from entering the country for 10 years. Yes, the "Ineligibility Waiver" allows you to re-enter the country with your H1B visa, but it does not delete the fact you were out of status. Therefore, you need to be inside the U.S with status for 10 years. Essentially, you can work off your 10 year ban.
BUT, the work visa only lets you be in status for a maximum of 6 years, which means you need to find a way to stay in status for 4 more years to effectively "work off" the 10 year ban.
Countries like India which have a huge backlog for Green Cards can continue extending their work permit due to that, however, Latin countries dont have such huge backlog and are about 2 years behind on the visa bulletin.

https://www.lexisnexis.com/community...ion-initiative
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