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  • Question about I-140

    Hello everyone, I'm new here and thought I'd see if someone know the answer to my question.
    I am currently in the us on a visa waiver 90 day stay. I am in legal status. I have been offered a job and the company is willing to file an I-140 petition for me.
    However, I have learned that before they can do so they have to apply to the DOL for a CL. My question is; If I have a financial sponsor that will file an I-864 for me. Can I remain in the country while the DOL is being considered? Or do I have to leave since the CL is not about me personally?
    Thanks for any resopnse

  • #2
    Hello everyone, I'm new here and thought I'd see if someone know the answer to my question.
    I am currently in the us on a visa waiver 90 day stay. I am in legal status. I have been offered a job and the company is willing to file an I-140 petition for me.
    However, I have learned that before they can do so they have to apply to the DOL for a CL. My question is; If I have a financial sponsor that will file an I-864 for me. Can I remain in the country while the DOL is being considered? Or do I have to leave since the CL is not about me personally?
    Thanks for any resopnse

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    • #3
      Hello FloridaFem

      Anyone knows the answer?
      Do all the good you can, in all the ways you can, as long as ever you can.

      --John Wesley

      Comment


      • #4
        I have further read that in the CL the beneficiary (me) should be named. I wonder if that means I can stay if I have the financial support?

        Or should I just overstay my visa, get married and be pardoned? Is the way to go to be dishonest?

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by FloridaFem:

          Or should I just overstay my visa, get married and be pardoned? Is the way to go to be dishonest? </div></BLOCKQUOTE>

          The Question you have to ask yourself is:

          A) are you marrying for love ?
          B) are you marrying for Greencard ?

          if it's the latter then yes you will be dishonest, not to just DHS, but yourself and your husband.

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          • #6
            Jake, in my posting I wasn't clear. I meant to be dishonest by overstaying my visa. That way I could stay until I find someone to marry for love.
            In another post here a woman who has overstayed her visa by two years, tells us she is getting married. Someone else told her she will be pardoned for having been here illegally as well as being pardoned for any work she has since then been doing illegally.

            I got a little upset. I'm trying so hard to do this the legal way but I'm starting to wonder if not I as well should be dishonest, overstay my visa and then be pardoned when I finally find love and get married.

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            • #7
              FloridaFem: First of all, let's put things in their proper perspectives. When you said CL, did you mean LC (Labor Certification or Laborcert), or PERM nowadays? Because that's what I think so it is.

              Now the second aspect that I can see that you're concerned about is the case in the "Florentina" thread - overstaying, getting married, and being pardoned.

              But the problem is, her case is different from yours. She came in on a tourist (B1/B2) visa, you didn't. You came in as an "alien without a visa" from one of the 27 Visa Waiver Program/VWP participating countries.

              So in this case, what visa are you "overstaying" on or "changing" status from?

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              • #8
                FloridaFem.. yes you can do it this way, but are you prepared to keep a low profile while your are wating to find someone to marry, yes you can work illegally, but for how long, it would be cash in hand jobs, and always looking over your shoulder, I know because I've had to keep a low profile, I didnt have the guts to get a job, luckily my husband supported me.

                At the end of the day it is up to you what you do, I am just stating the downfalls of doing it this way.

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                • #9
                  Hi Rough N, I think Florda Fem came on a tourist visa also, she states in her original question that she came over on a visa waiver 90 day stay.

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                  • #10
                    RN
                    Yes I do mean LC, sorry about that. Yes I know there is a difference in the visa types. I don't know why it is. I though the reason was that people from some countries simply are more "trusted" to come here as tourists, not intending to stay. I thought the countries where you need to apply for a tourist visa were because the likelyhood of people from those countries, coming here with the intention to stay is larger and they want to make it more difficult for them to just hop on a plane and make their way over.
                    I didn't realize that when on a visa waiver you are not allowed to adjust your status. Seems weird to me since we are both tourists.
                    It also seems weird to me that a person overstaying a tourist visa could be pardoned for overstaying but a person on a visa waiver cannot. Overstaying is overstaying, why would there be a difference?
                    I am currently here on a visa waiver. I have been offered a job and I would like to be able to stay and I would like to do so legally.
                    I don't understand why someone who ignores the rules and overstays later can be pardoned and get to stay when people who are trying to go the legal way are turned away?

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                    • #11
                      Sorry, Jake, I don't think so. She came from one of the 27 VWP participating countries and what she got upon entry was I-94W, meaning without a visa.

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                      • #12
                        My apologies RN, yes I understand now, I'll bonk myself on the head LOL

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                        • #13
                          That's how relevant immigration statutes stand as of now. Loopholes and lapses abound, because immigration laws are framed and enacted in patches. But as what they say: Law maybe harsh but that's the law.

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                          • #14
                            RN but why would they pardon someone who has overstayed a visa? It doesn't make sense. It's rewarding someone who has broken the law.

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                            • #15
                              Look at it the other way, the law is favoring the USC spouse to be with the love of his/her life, as long as the alien meets the rest of the qualifiers.

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