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If You're Out of Status Can You Get a H1B Without Leaving the U.S.

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  • 09-19-2012, 12:59 PM
    Deimos
    If You're Out of Status Can You Get a H1B Without Leaving the U.S.
    A close friend of mine entered the US on a J1 with an i94 stamped D/S around 2 years ago. After his studies ended, he simply stayed in the country and has been working ever since, using the SSN he was issued as a student and even paying taxes. He is clearly out of status and has obviously been working illegally, but he desperately wants to find a way to make his presence in the US legal and above board. He has the equivalent of a masters degree in a humanities subject from an academic institution in his own country. What are his chances of successfully finding sponsorship, given his current situation of living and working whilst out of status in the US? Any help or advice would be greatly appreciated.

    Additional query: given he has worked and filed taxes on his legitimately-issued SSN during his overstay, would any prospective H1B application fall through? Would the officials reviewing the case be able to join the dots and realize that he'd been working illegally when considering his application?
  • 09-19-2012, 01:59 PM
    Mr. Knowitall
    Re: If You're Out of Status Can You Get a H1B Without Leaving the U.S.
    Do you really need us to tell you that he won't be able to adjust his status to H1B without leaving the U.S., even assuming the two-year HRR does not apply?

    It's reasonable to expect, also, that his unlawful work history will be discovered.

    Tell him to talk to an immigration lawyer and, it would seem, to back his bags for a trip home before he digs himself in any deeper.
  • 09-20-2012, 08:46 AM
    Deimos
    Re: If You're Out of Status Can You Get a H1B Without Leaving the U.S.
    Thanks for the straight advice. I did think that he is in a pretty bad situation, but thanks for confirming. I've been trying to help him out in various ways as he's a good guy who just wants to work hard and be legitimate here, but obviously a point must come where he has to face up to the reality of his situation.
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