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Is it possible for B2 visa holder to adjust a status when sponsored by employer?
Anonymous3 views3 answers
Hypothetically, someone entered USA as B2 Visa holder and stamp in the passport says it's good for another 5 months. A company (potential employer) offered him a job. Is it possible to adjust his status without leaving USA? As far as I know it's possible only for people that are eligible for 245(i). He entered the country a month ago and did not overstay. Proving that he is a unique and valuable employee should not be a problem. He has a great programming and multilingual skills but without degree (usually degree is not taken into consideration in IT industry and only skills matter).
If the answer is yes, how long does the whole process usually take? If the process takes more than 5 months, will he be considered as non-immigrant or overstayed?
Thank you in advance for all the answers.
Albert H. ValkImmigration AttorneyBloomfield Hills, MI ·
Your hypothetical case has no real solution. Employment-based GC has waiting periods more than 5 months ( in fact, several years at least). In order to adjust status based on employment, a person has to be, among other things, in status (and not working for more than 6 month without permission). You could have tried to change your status to H-1b or F-1.
In a hypothetical world, yes. In the real world, no.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
