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Journey Man

Can an Overstay obtain a H1B/H2B and/or any other type of Work Visa?

By Journey Man in Adjustment of Status from Work, Student, & Tourist Visas

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Inky Grand Master

Inky   1,110

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

No visas cannot be obtained from inside the USA.

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Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

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LIFE'SJOURNEY Mentor

LIFE'SJOURNEY   970

Posted
Filed: Lift. Cond. (apr) Country: Jamaica
 Timeline
Posted (edited)

No, what would be a hardship for a work visa. The hardship must apply to the sponsor (USC) of the visa, what hardship would it be to am employer if he didn't hire you?

The US govt looks at a hardship, if The US didn't allow someone or something for the benfit of it's USC, what hardship would they face.

Edited by LIFE'SJOURNEY
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ceadsearc Proficient

ceadsearc   516

Posted
Filed: Lift. Cond. (apr) Country: Bolivia
 Timeline
Posted

Is there a hardship waiver for the 3/10 year ban?

In cases of marriage to a USC, yes. In other cases, no.

OUR TIMELINE

I am the USC, husband is adjusting from B2.

ADJUSTMENT OF STATUS

08.06.2010 - Sent off I-485
08.25.2010 - NOA hard copies received (x4), case status available online: 765, 131, 130.
10.15.2010 - RFE received: need 2 additional photos for AP.
10.18.2010 - RFE response sent certified mail
10.21.2010 - Service request placed for biometrics
10.25.2010 - RFE received per USCIS
10.26.2010 - Text/email received - AP approved!
10.28.2010 - Biometrics appointment received, dated 10/22 - set for 11/19 @ 3:00 PM
11.01.2010 - Successful biometrics walk-in @ 9:45 AM; EAD card sent for production text/email @ 2:47 PM! I-485 case status now available online.
11.04.2010 - Text/Email (2nd) - EAD card sent for production
11.08.2010 - Text/Email (3rd) - EAD approved
11.10.2010 - EAD received
12.11.2010 - Interview letter received - 01.13.11
01.13.2011 - Interview - no decision on the spot
01.24.2011 - Approved! Card production ordered!

REMOVAL OF CONDITIONS

11.02.2012 - Mailed I-751 packet to VSC
11.08.2012 - Checks cashed
11.10.2012 - NOA1 received, dated 11.06.2012
11.17.2012 - Biometrics letter received for 12.05.2012
11.23.2012 - Successful early biometrics walk-in

05.03.2013 - Approved! Card production ordered!

CITIZENSHIP

Filing in November 2013

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Journey Man Rookie

Journey Man   0

Posted
Filed: Timeline
  • Author
Posted

In cases of marriage to a USC, yes. In other cases, no.

A USC Mother and an USC Brother filed I-130 for her Adult Son/Adult Brother over 21 years of age who is on Overstay B1 and grandfathered under the 245i Labor Certification, the petition was denied, never married. Received date/Priority date shows June 09, 2011 on I-787C. Paid $420 X 2 Application/Petition Fee. What is the next process. Visa bulletin shows that it will be about 6 years and 1 month. On the USCIS shows, when you put in the Receipt Number, it shows dark blue in 'Initial Review'. Next step shows 'Decision' which is grayed out.

The beneficiary would be in 'F1' category right? When I looked at the May 2012 Visa Bulletin website, it shows May 1st of 2005.

Any suggestions?

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