AOS for long standing visa resident

[bettypentiér44 12]

Hi there,

I apologize in advance if this has been asked before, but there are a lot of topics and it's hard to sift through every single one to try and find a similar case! Having used this site for my own case, I know how helpful you all are, so I'm hoping you can help with this too!!

I have a friend I previously worked with who is originally from South Korea. She came over the the USA 14 years ago on a student visa, and after her studies, she was able to convert the visa to a H1-B visa to allow her to work here. I'm not sure exactly how those visas work, but I assume you can renew it a certain amount of times?! Her current visa expires in August and her company does not sponser visas. Is there anything she can do to adjust her status (aside from getting married)?

I've been looking and I can't really see a lot of hope, but I'm clinging on to some hope for her that I'm just missing something, as I find it hard to believe that being here for 14 years counts for nothing in regards to AOS. She had previously spoken to an immigration lawyer who quoted her $50k to guarantee getting a greencard...this sounds like a total scam to me...!

If anyone has any advice or information, I'd really appreciate it.

Thanks,

Betty

[Penguin_ie 5,993]

**** Moving from AOS from Family Visa to SOS from Work Visa forum (((((

[Merrytooth 5,748]

Once you have worked for 6 years on the H1B, you must stay outside of the country for a full year before applying for another term.

Too bad her employer did not file green card application process for her.

[akihon 129]

I agree with Merrytooth. I am surprised that her employer did not start the GC paperwork with her.

I have had coworkers who had this issue with immigration. One of them switched employers to one that guaranteed him a GC while he worked for them. The other went back to school for an MBA and is now back in the workforce.

If she got her Labor Certification, she can switch employers and transfer her H1B over and not lose her priority date for the GC.

Edited February 23, 2016 by akihon