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  1. #1
    Join Date
    Jan 2011
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    3

    Default Can an Illegal Alien Adjust Status Through a Job Offer

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

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    Default Re: Can an Illegal Alien Adjust Status Through a Job Offer

    Did the alien enter the country legally?

    Did the alien overstay a prior visa?

  3. #3
    Join Date
    Dec 2007
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    2,357

    Default Re: Can an Illegal Alien Adjust Status Through a Job Offer

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

  4. #4
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    Apr 2009
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    Default Re: Can an Illegal Alien Adjust Status Through a Job Offer

    Quote Quoting PattyPA
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    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.

  5. #5
    Join Date
    Dec 2007
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    2,357

    Default Re: Can an Illegal Alien Adjust Status Through a Job Offer

    Quote Quoting Dogmatique
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    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.?

  6. #6
    Join Date
    Sep 2010
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    19,371

    Default Re: Can an Illegal Alien Adjust Status Through a Job Offer

    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.

  7. #7
    Join Date
    Jan 2011
    Posts
    3

    Default Re: Can an Illegal Alien Adjust Status Through a Job Offer

    Quote Quoting Dogmatique
    View Post
    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.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can an Illegal Alien Adjust Status Through a Job Offer

    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.

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