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Adjustment of Status Other Than Marriage After Overstaying an H2b

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  • 04-19-2011, 02:06 PM
    407914
    Adjustment of Status Other Than Marriage After Overstaying an H2b
    Hi,
    I was wondering if there’s any other options out there, or marrying a USC is my last chance to get legal?
    Here’s my story. Came to US in Dec07 with an H2B visa. In Apr08 extended it with a new employer (a housekeeping company subcontracted by a big resort). After 2 weeks convinced him of switching me to a higher position (office), since I wasn’t comfortable working physically. There I advanced fast, developed new methods and basically was doing in minutes what other 3-4 employees were doing in hours.
    In Nov08 extended my H2B visa again (it was now valid till Apr08).
    My employer applied one more time for an H2B for me, and we were already planning to start switching to an H1B and apply for an employment based GC.
    The deadline approached, but there was no answer from DHS. I was checking their website daily, but all I could find was DHS’s director’s apologies for the delays due to high workload and stuff like that. Then, around late Jun08, DHS sent a letter informing us about my visa extension being denied .It was around the time when recession hit US and there were lots of talks about americans losing their jobs and the decreasing need for guest workers. It was also around that time that everybody giving high chances for CIR to be passed, so I took no actions.
    Right now the situation at my job is as follows: there are 2 competing housekeeping companies (one small, which I’m employed with, and another big one). The big boss from the resort likes the other company, and would get rid of us on the first occasion. But his bosses don’t let him, because according to statistics and scores, we’re outperforming the big company big time in terms of accuracy and timing, mainly because of me. There’s some accounting/IT stuff that I developed, and tried to teach other people how to do it, but they just can’t get it, it’s too complicated for them. And I have to do it every single day. Even on my days off I spend around 1-1.5 hours preparing those reports online. I’ve been doing this for the last 3 years. If I’ll miss a single day, the consequences will be drastic.
    In this way, since, in case I’m deported, the company most likely won’t be able to stand the competition and will lose the contract, which will contribute to the creation of another 100+ jobless americans. Moreover, resort's overall rating will decrease.
    I’m from Eastern Europe. White male, 29, unmarried, no criminal record.
    So I was wandering, in this circumstances, can I apply maybe for a deferred action or something else, that would adjust my status, and would allow me to continue my H1B path to GC?
  • 04-19-2011, 02:23 PM
    DavidForthoffer
    Re: Adjustment of Status Other Than Marriage After Overstaying an H2b
    If you are currently in the the U.S. illegally, the first step toward long term legal residency in the U.S. is to leave the country.
  • 04-21-2011, 03:21 AM
    Mr. Knowitall
    Re: Adjustment of Status Other Than Marriage After Overstaying an H2b
    You're stating that you've been out of status and working illegally for three years? Realistically speaking, other than marriage, you should be planning on spending a good many years living outside the U.S., as a three-year overstay would trigger a ten year period of ineligibility. The U.S. has no amnesty program, and none is on the horizon, so you're not in a good position. Discuss the details of your situation with an immigration lawyer, but try not to be disappointed if he cannot come up with any solutions that allow you to remain in the U.S.
  • 04-22-2011, 09:27 AM
    407914
    Re: Adjustment of Status Other Than Marriage After Overstaying an H2b
    Actually i'm about to hit 2 years of overstaying my visa (visa was valid till the end of April 2009, in June 2009 I got the letter that it wasn't extended)...
    What about the fact that it wasn't completely my mistake, since, due to delays, I had no chance to do anything about it, like apply for a different visa (maybe a student visa, or a tourist visa). By the time I was informed, I was overstaying my visa for 2 months already... And, what about the fact that if I leave, it's gonna be a lose-lose situation for everybody, especially for US economy?
  • 04-22-2011, 10:50 AM
    DavidForthoffer
    Re: Adjustment of Status Other Than Marriage After Overstaying an H2b
    Quote:

    Quoting 407914
    i'm about to hit 2 years of overstaying my visa ... By the time I was informed, I was overstaying my visa for 2 months already

    Oh. So you are inexcusably overstaying your visa by 22 months instead of 36 months.

    Imagine how unwonderful that would sound to an immigration judge.

    Quote:

    what about the fact that if I leave, it's gonna be a lose-lose situation for everybody, especially for US economy?
    Imagine how unwonderful that would sound to an immigration judge.
  • 04-22-2011, 02:09 PM
    Dogmatique
    Re: Adjustment of Status Other Than Marriage After Overstaying an H2b
    The US isn't going to miss you that much.
  • 04-22-2011, 06:44 PM
    407914
    Re: Adjustment of Status Other Than Marriage After Overstaying an H2b
    Well, things are complicated…
    Just an observation: If I would be in charge of US decision making body, I mean not like some puppet stupid politicians whose actions are driven by the necessity to win the upcoming elections, but more like a grey cardinal behind their backs, I’d leave things with immigration the way they are.
    On one hand, empowering or severing existing immigration laws is stupid for obvious reasons. There’s a niche in US economy and society that is very convenient occupied by illegals. Only in in existing conditions, having as options either get back home or live quietly accepting what you’ve been given, they do those dirty jobs, accept low pay, and don’t argue with legals, even if they’re right.
    On the other hand, If legalized, they won’t be tied to this niche, they’ll seek for better jobs, ask for better pay, they’ll start competing with legals in every field. This, of course, will result in more competitiveness in job market, higher wages, more domestic spending, more production, more money, high inflation, weak dollar, low unemployment, even lack of job supply in dirty jobs field, more taxes payed, and a very low tea party/redneck population’s self esteem. In other words, the result will be complex, with both positive and negative effects.
    It’s like that famous demographer stated, every new wave of US immigrants is opposing even harder to the next wave, than the previous wave was opposing their invasion. It’s logic, you want to be the last to catch the full bus..
    I don't even know why I wrote all this off topic..
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