Immigration

[nursenamaganda]

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?

[precy]

I wish your "friend" would be caught and deported.

[nursenamaganda]

I have question. If a friend of mine came here as a tourist visa can they apply for H1 Visa without going back to their homecountry. If after their H1 Visa expired can they file for EB2 or EB3 Visa what are their chances of staying longer or getting green card here in US.

Can you tell me what are their chances and other ways for them to stay here in the US. Both husband and wife came here as a tourist visa separately. When they came in the US as a tourist they never went back home in our country PHilippines. The Husband found sponsorship H1 Visa but that was almost 8 to 10 years ago and his H1 Visa had expired already. The wife had H4 Visa from her husband. But right after her husband H1 Visa had expired they hired attorney and they file for H1 Visa for the wife and now still in process. I'm wandering the wife got already social security card and she told me that their paper are still in process. Which visa or what kind of visa they had filed for? Is it extension H1 Visa for the wife or EB2 or EB3 is that possible. And the attorney charge them 15,000 dollars and told them they can get green card. I'm wandering how many years is her visa would expire. Are they out of status. How many years or months is the processing time for them to be able to stay in the US.

[NurseCubanitaRN2b, BSN, RN]

As stated many times, there are NO VISAS AVAILABLE DUE TO RETROGRESSION. You can't adjust a tourist visa to any other visa. When something expires it means that it's no longer valid. Since your visa is out of status and it's no longer valid then if you're caught, then you're subject to deportation.

[GSG9ers]

I've consulted a lawyer based on that situation, what they told me was if you entered the US on a tourist visa and you were able to get sponsorship and was able to get hold of an H1B. THe best thing to do was have it converted into a green card already, that is if your employer is willing to back you up. H1B visa is valid only for three year and can be extended upto another three years. . . but on the 7th year you must go home since youve used up all the H1B valid for you. So the best thing to do is consult a lawyer. Based on what they told me, you dont need to used all the maximum allowed H1B years to be able to file for change of status into green card. Its just a matter of your sponsors willingness to back you up and stick with you till the end.