Can an Illegal Alien Adjust Status Through a Job Offer

[pichirulo]

Can an illegal alien adjust status if s/he has a job offer from a US employer?

[Dogmatique]

Did the alien enter the country legally?

Did the alien overstay a prior visa?

[PattyPA]

If you're not eligible to work in the U.S., the employer shouldn't be hiring you in the first place.

[Dogmatique]

If you're not eligible to work in the U.S., the employer shouldn't be hiring you in the first place.

That's right - but they can make an offer. In fact, the offer is generally required before the work visa will be sponsored and issued.

[PattyPA]

That's right - but they can make an offer. In fact, the offer is generally required before the work visa will be sponsored and issued.

Agreed. OP, ARE you eligible to work in the U.S.?

[flyingron]

As a person who legally hires foreign nationals in a variety of situations, I can tell you the chances of him getting on to some work-permitted status while illegally present is nil. He will need to leave first while the hiring company flogs the paperwork required to make the change. It can take a year. I actually parked one of my Indian guys in contract status up in Canada while we worked through it.

[pichirulo]

Did the alien enter the country legally?

Did the alien overstay a prior visa?

Thanks for your interest. The alien enter the country under a H2B visa and overstayed.

[Mr. Knowitall]

Depending upon the length of the overstay, the employee may have triggered a period of ineligibility to even enter the United States. The employee can't get back into status through employment without leaving.