Immigration

Pudnluv, ASN, RN · Nov 4, 2008

They need to make sure that they have a lawyer who specializes in immigration. These questions can be better answered that way.

TheCommuter, BSN, RN · Nov 4, 2008

Moved to the International forum for more replies.

suzanne4, RN · Nov 4, 2008

Attending nursing school here is not going to get them a visa to remain here. That is what is comes down to. And if they have been here for ten years then there is something fishy with their documents as well. The H1-B visa is only for three years and can only be renewed x 1 for a total of six years.

The US is also under a retrogression and it is expected to be at least five years before anything opens up again for even the I-485 to be submitted. Without that, there is nothing to do towards the green card.

Highly suspect that the attorney is just taking advantage of them, and the attorney needs to be reported to the US Attorney's office for what they are doing as well as the Bar Association for their state. But they need to be very aware that there is no way for them to legally remain in the US and wait for the green card, it is just not going to happen.

nursenamaganda · Nov 4, 2008

I have also question about if the wife has H4 Visa can she filed for H1 Visa. Her husband H1 Visa had already expired so since she got H4 Visa can she able to work in US having H4 Visa. I don't know how they were able to stay longer here in the US. They came here as a tourist/business visa and got only sponsonsorship with the company. What they did was since the husband H1 Visa had expired their attorney try to file the paper for the wife from H4 Visa to H1 visa just to show she is the one working at the company but the truth is she is not working there she is taking nurse course. As of now their paper are still in process. My friend say next year their paper would be approved and can able to get green card according to the lawyer whom they paid 15,000 dollars. How long will their paper would be process. Is there a chance for them to be approved for the wife's H1 Visa or even to green card. If they were denied my friend say that they still have the tourist visa which will expire next year can they able to use that tourist visa for them to stay longer and process another paper?

allnurses Guide · Nov 4, 2008

If they overstayed a B1/B2 tourist visa, they may be subject to deportation and/or bans to reentry. The B1/B2 may have a 10 year validity, but each entry is usually only 6 months. You cannot adjust within the US to B1/B2 status that I'm aware.

They cannot work on a H4 visa. There is no such thing as a H1/H2 that I've heard of.

Why don't they ask their lawyer these questions?

NurseCubanitaRN2b, BSN, RN · Nov 4, 2008

Your post is all the way out there in left field. I'm having a hard time following what you're trying to ask. Basically you're wanting to know how to get from tourist visa to H1 visa?

Silverdragon102, BSN · Nov 5, 2008

If wife has H4 then wife can not work until they get H1 which in general can not be filed until April and will be a lottery getting one. It really sounds as if the lawyer is giving them false hope and they are in fact illegal and open for deportation. If they file for H1 and the wife is not working for the company then fraud is being done and a big NO NO. The US is under retrogression and no way that they can file next year and get GC just unless they meet the EB2 but a lot will depend on place of birth.

Your friends really really need to get in touch with another lawyer and get more advice. To change from one visa to another generally means you have to leave the country to get a stamp I do not think in most cases ie job that it can be done from within the US like the H1. H2 is seasonal and only lasts at the most 12 months and can not be extended.

nursenamaganda · Nov 5, 2008

Hello Silverdragon102, thank you for your reply. Again I have a question. My friend who is the wife got already social security card. So I think she was approved H1 Visa. From H4 to H1 what they are waiting now probably is the extension which is another 3 years. And their lawyer told them that they can adjust their status now to green card that's why they paid 15,000 dollars.

Yes she is not the one working at the company. The husband is the actual and physically working at the company. They just show that she is the one working because her husband H1 Visa had already expired. He already extended it twice. Since my friend (wife) is legible to the position only on the paper which is Computer IT position in that company. Their lawyer tried to file another extension probably for wife's H1 Visa because I'm wandering how she got a social security card, which I know H4 cannot work and cannot able to get social security card.

Is there a possibility for them to be able to approved for the H1 Visa extension or to Green Card. Their papers are still in process now. What are their chances to be able to stay here longer in the US. Can they be deported? Will the Immigration can able to detect that they were illegal here in the US. In what I know they were legal and illegal in someway. What their waiting for is the approval. Can they be able to caught eventhough nobody tells the Immigration.

============================================================

If wife has H4 then wife can not work until they get H1 which in general can not be filed until April and will be a lottery getting one. It really sounds as if the lawyer is giving them false hope and they are in fact illegal and open for deportation. If they file for H1 and the wife is not working for the company then fraud is being done and a big NO NO. The US is under retrogression and no way that they can file next year and get GC just unless they meet the EB2 but a lot will depend on place of birth.

Your friends really really need to get in touch with another lawyer and get more advice. To change from one visa to another generally means you have to leave the country to get a stamp I do not think in most cases ie job that it can be done from within the US like the H1. H2 is seasonal and only lasts at the most 12 months and can not be extended.

nursenamaganda · Nov 5, 2008

Hello Suzanne4

Hello Silverdragon102, thank you for your reply. Again I have a question. My friend who is the wife got already social security card. So I think she was approved H1 Visa. From H4 to H1 what they are waiting now probably is the extension which is another 3 years. And their lawyer told them that they can adjust their status now to green card that's why they paid 15,000 dollars.

Yes she is not the one working at the company. The husband is the actual and physically working at the company. They just show that she is the one working because her husband H1 Visa had already expired. He already extended it twice. Since my friend (wife) is legible to the position only on the paper which is Computer IT position in that company. Their lawyer tried to file another extension probably for wife's H1 Visa because I'm wandering how she got a social security card, which I know H4 cannot work and cannot able to get social security card.

Is there a possibility for them to be able to approved for the H1 Visa extension or to Green Card. Their papers are still in process now. What are their chances to be able to stay here longer in the US. Can they be deported? Will the Immigration can able to detect that they were illegal here in the US. In what I know they were legal and illegal in someway. What their waiting for is the approval. Can they be able to caught eventhough nobody tells the Immigration.

===========================================================

Attending nursing school here is not going to get them a visa to remain here. That is what is comes down to. And if they have been here for ten years then there is something fishy with their documents as well. The H1-B visa is only for three years and can only be renewed x 1 for a total of six years.
The US is also under a retrogression and it is expected to be at least five years before anything opens up again for even the I-485 to be submitted. Without that, there is nothing to do towards the green card.
Highly suspect that the attorney is just taking advantage of them, and the attorney needs to be reported to the US Attorney's office for what they are doing as well as the Bar Association for their state. But they need to be very aware that there is no way for them to legally remain in the US and wait for the green card, it is just not going to happen.

Silverdragon102, BSN · Nov 5, 2008

Hello Suzanne4
Hello Silverdragon102, thank you for your reply. Again I have a question. My friend who is the wife got already social security card. So I think she was approved H1 Visa. From H4 to H1 what they are waiting now probably is the extension which is another 3 years. And their lawyer told them that they can adjust their status now to green card that's why they paid 15,000 dollars.
Yes she is not the one working at the company. The husband is the actual and physically working at the company. They just show that she is the one working because her husband H1 Visa had already expired. He already extended it twice. Since my friend (wife) is legible to the position only on the paper which is Computer IT position in that company. Their lawyer tried to file another extension probably for wife's H1 Visa because I'm wandering how she got a social security card, which I know H4 cannot work and cannot able to get social security card.
Is there a possibility for them to be able to approved for the H1 Visa extension or to Green Card. Their papers are still in process now. What are their chances to be able to stay here longer in the US. Can they be deported? Will the Immigration can able to detect that they were illegal here in the US. In what I know they were legal and illegal in someway. What their waiting for is the approval. Can they be able to caught eventhough nobody tells the Immigration.

The stuff I have highlighted is Fraud and very much open to deportation. Doesn't matter the only way they will get GC is if their I140 pd is in process and this I doubt from what you have written at the moment they can not change status to GC as visas need to be current for that and there is nothing to indicate next year will be any different. July 2007 your friends lawyer would have been able to file (very small window) and I feel that the lawyer didn't after over 800,000 applications filed in July 07 the chance to AOS is going to take years.

I strongly suggest your friends get a second opinion as nothing is adding up here. Immigration do read these forums.

prinsesatna · Nov 5, 2008

I have a question about H1 and H2 Visa. A friend of mine and her husband went here in the United States as a business / tourist visa separately. They had been granted multiple visa. They were here for almost 10 years ago and didn't went back home to our country. She told me her husband got a sponsorship from a company which he had work for several years; but now his husband sponsorship had finished and the wife is the one now got a sponsorship from the same company so that they will going to stay longer here in the United States.
But as of now, the wife is taking a nursing so that whatever happens to their paper they have still other options like the wife when she finishes nurse she will going to find another sponsorship at the hospital.
Their paper are still in process for the wife's sponsorship. The husband's sponsorship had already finished so they are waiting for the approval of their paper. They hired lawyer which cost 15,000 dollars which I think the lawyer only getting some money out of them. The lawyer promised my friends' family that they can now able to process their paper to green card.
How sure is that? Since they came here as a business/pleasure/tourist visa, they didn't went back home to our country. They stayed here and only got sponsorship but the husband's sponsorship had finished already he cannot renew it anymore. That's why the wife made them as the one whose working at the company just to show another sponsorship; but the truth is the wife never work there as a matter of fact she is taking nurse course just to be able to finished and then get another sponsorship as a nurse.
My question is, how sure my friend's paper would be process. Can they stay longer here in US and able to get green card as the lawyer says?

you seem to know much about your "friends", if they have been in the USA for that long i'm surprised that they have actually disclosed this very delicate information to you...how will do you know them ? just wondering.