Chances of H1 visa with BA degree?

i have a BA degree and im looking for a sponser. how long would it normally take for me to get that H1 visa and work permit? Green Card? I'm going to go talk to a lawyer today about this and i will post what he says and what are possibilities. i need to obtain as much info possible so plz jot down whatever you know..
Thanks.

oops.. not "greed card" but "green card"...

are u a illegal immigrant? if you are, you can not change status. because i ask the lawyer he told me this...and i was like DAMN...................

LOL.

Quote of the day...

yeh i am illegal due to an over-stay with b-1. The good news for me is that im protected under 245(i), and this amendment is going to shed some light over my hope of getting a green card. all i need right now asap is a sponser, and i will be able to apply for a work permit and green card eventually.
i couldn't be happier to hear my lawyer telling me that, and i do have some hopes now.

I am protected by 245(i) because of petition my aunt had applied for my parents in 1998 and i was under 21 back then. this govt came up with what's called "age-out" in 2001 which put a stop to giving green cards to kids who turned over 21 and THAT prevented me from getting my status...

Here's FAQ on 245(i) and please read them carefully!!!!!

1. What is the new 245(i) Amendment?

The new 245(i) Amendment allows some aliens who are out of status, entered the U.S. without inspection, or violated the terms of their non-immigrant visa to apply for adjustment of status after their immigration petitions are approved.


2. Who is eligible to take advantage of 245(i)?


To be eligible to take advantage of 245(i), the alien must meet the following requirements:


Physically present in the U.S. on December 21, 2000; An immigration petition or a labor certification application has been filed for the benefit of the alien on or before April 30, 2001; and
The immigration petition or the labor certification application must be approvable at the time of filling. (this means that the application is good on its face).


3. What kind of benefits does an alien get from 245(i)?

245(i) will allow the alien to apply for adjustment of status even if the alien entered the U.S. without inspection, was out of status, or violated the terms of his of her non-immigrant status. The alien still needs to meet other requirements for adjustment of status to obtain a green card. The 245(i) only lifts three of the bars in the adjustment of status process.


4. Who is not protected by 245(i)?

245(i) does not protect an alien from removal proceeding and does not grant other benefits such as employment authorization or advance parole.


Does 245(i) protect aliens who have been ordered to be removed?


No. If a person has been ordered to be removed from the U.S., he or she cannot use 245(i) to lift this bar to adjustment of status. Also, if the alien is ordered to be removed in the future, the 245(i) does not protect the alien from removal.


5. Does 245(i) exempt the J-1 holder's home residency requirement?


No. The 245(i) does not grant a waiver to the J-1 holder's two year residency requirement. An alien who is subject to the two-year home residency rule still needs to obtain a waiver or fulfill the requirement before applying for adjustment of status.


6. What are the benefits of 245(i) to those who are currently in status?


For those who are in status and who were physically present in the U.S. on Dec. 21, 2000, if they are beneficiaries of immigration petitions or labor certification applications filed on or before April 30, 2001, they will be eligible to take advantage of 245(i) even if they fall out of status in the future.


7. What are the three and ten year bars, and why should they be of concern?

Before the enactment of 245(i), aliens who are out of status needed to return to their home countries and complete the process for an immigrant visa at the U.S. consulate. However, if aliens found to be out of status in the U.S. for more than 180 days would be barred from reentering the U.S. for at least 3 years; aliens found to be out of status in the U.S. for more than 360 days would be barred from reentering the U.S. for at least 10 years. Under Section 245(i), an eligible alien can remain in the U.S. to obtain permanent residence through adjustment of status, and thus never trigger these entry bars. (Once permanent residence is obtained, these entry bars no longer apply.) Thus, it is particularly important that people subject to the bars not leave the U.S. at all until they become permanent residents since the 245(i) does not lift the three year/ten year bars.


8. What is the penalty fee and when must it be paid?

The Section 245(i) penalty fee is $1,000, and is in addition to any other filing fees that the USCIS charges. This fee does not have to be paid when relatives or employers submit the visa petition or labor certification on or before April 30, 2001. Rather, it is usually due later, when the alien applies for adjustment of status to become a permanent resident. Thus, the $1,000 fee needs to be paid at the time of filing the Form I-485A, which is submitted along with the standard application for adjustment of status (Form I-485).


I came into the US legally with a B-1 visa and am out of status now. I just married a US citizen. Moreover, I was present in the US on December 21, 2000. May I use 245(i) to apply for a Green Card?

Yes, you may, but you do not need to. Even without 245(i), the fact that you are out of status does not prevent you from applying for adjustment of status. If you use 245(i), you have to pay a $1,000 penalty. If you do not 245(i), you do not need to pay the penalty. For the purposes of getting a Green Card, there is no difference whether you use 245(i) or not.




So, those of you whom you think you might be protected under 245(i), go talk to lawyers and pur your acts together RIGHT NOW !!

and never hesitate to ask!!!!!!!!!!!!!!!!!!!!!!!!!

It is possible to adjust your status if you are covered under 245i. HOWEVER...the process involves your employer or sponser filing a labor certification and then waiting for a visa in your (B.A. Degree) category to become available. With only a B.A. degree the wait for a visa to become available is approximately 6 years (i.e. they are currently working on cases filed 6 years ago). They are current on processing visas for those who have advanced degrees MA, PhD etc.

I'm just curious, how old are you???
because bush also signed another bill to help those aging out because of the long wait...
basically you have to subtract the number of years it took to get approved from how old you are, and thats how old you are to them....

thats not quite accurate. You subtract two dates. The date that your petition became current or was approved minus the priority date of the petition. If the difference retrogresses your age to be below 21, then you can still adjust under the original petition. If this calculation doesn't reduce your age to sub-21 years, then you aren't able to adjust under the petition.

Yeh, i'm quite certain RahmanIV is right about what he says Peija. I'm going to make sure one more time and calculate it with my lawyer though. im 24 now

And allihaveisadream, 03.01-2006 is the date being processed for those of trained/skilled workers or BA degree holders this month. I did do lots of work while i was an undergrat making my tuition, and my resume will state that i worked for more than two years, if you know what i mean. USCIS seems like they are finally doing some work to make progress.

I'm putting hopes on this presidential election coming as well. lawyers i've been talking to lately are telling me they will probably get very busy once hillary or obama becomes the one. maccain is a good supporter of immigrants but to pull out of this election, he would need lots of supts and moneee from fcuking conservs and they would hate to see any amnesty done for us mehicanos chinos and nanos if he becomes the president... and maccain will be their good, long ass nose pinocchio

so let us all keep our fingers "twisted"

I think you're confusing two different things. H1-B visas are specialty visas awarded to advanced degree holders or experienced workers in the sciences/computer technologies/engineering fields. Technically its awarded to any highly skilled worker who has a U.S. employer willing to sponsor him/her but the computer technologies/engineering sectors have dominated this process for many years now.

The State Department's Visa bulletin tracks employment based and family based visas which are the only two permanent visas to immigrate to the U.S. We call them EB and FB for short. The 3-1-2006 priority date is tracking the EB-3 category of employment based visas. This is not an H1-B visa. H1-B visa is a type of temporary visa which is completely different from the permanent visa types, namely EB & FB.

As for obtaining an H1-B, its impossible to do while residing in the U.S. You have to apply for an H1-B visa from abroad. The 245(i) petition covers any petition for a permanent visa type, i.e. EB or FB, it doesn't cover temporary visa petitions like the H1-B. However, note that if you leave the country, you'll be automatically barred from reentry for 3-10 years depending on your length of overstay in the U.S.