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DAP Forums > DREAM Act > The Lounge

Can a Overstay get an sponsor for H1B/H2b?

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#1
04-12-2012, 11:44 PM
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Do you have to have some kind of legal status to get a sponsor for h1b/h2b?
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#2
04-13-2012, 06:37 AM
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Of course
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#3
04-13-2012, 10:57 AM
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yes you have to be legal...

but I still don't totally understand overstayers of f1 visas with d/s....
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#4
04-13-2012, 04:33 PM
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Quote:
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Do you have to have some kind of legal status to get a sponsor for h1b/h2b?
No,You don't need status in order to try getting a sponsor but you would require 245I and sponsor to gain status within US borders.In order for a person to change non-immigrant status in the US they must have status to do so.
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#5
04-13-2012, 06:29 PM
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wait so if u have 245i and u can get a sponsor you can change to h1b?

Quote:
Originally Posted by Ianus View Post
No,You don't need status in order to try getting a sponsor but you would require 245I and sponsor to gain status within US borders.In order for a person to change non-immigrant status in the US they must have status to do so.
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#6
04-13-2012, 07:16 PM
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i think you can.. get an attorney... and ask them.
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#7
04-13-2012, 07:49 PM
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Quote:
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wait so if u have 245i and u can get a sponsor you can change to h1b?
I am about 80 percent sure that if you are 245i you can use any family or employment route to adjust, you just have to pay all of the fees which will be quite high. A few grand from the employer, a few grand from you, the 1000 dollar penalty for 245i. But I'm not sure.
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#8
04-13-2012, 08:15 PM
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wait so if u have 245i and u can get a sponsor you can change to h1b?
No,You would adjust status under 245i to that of permanent residency if the process goes alright for the duration of the application.The process is quite cumbersome usually requiring a DOL approval in addition to the application process to be approved from USCIS if under 245i.

If you don't have at least a sponsor that requires a Master's degree the process isn't worth it.
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#9
04-13-2012, 08:38 PM
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yea i gotta get my masters, finding a sponsor is hard when most companies r not paying taxes
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#10
04-13-2012, 09:27 PM
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Quote:
Originally Posted by Ianus View Post
No,You don't need status in order to try getting a sponsor but you would require 245I and sponsor to gain status within US borders.In order for a person to change non-immigrant status in the US they must have status to do so.
If are you grandfathered under 245i then an Overstay can apply?
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