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Need help please - petition I-140

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  • Need help please - petition I-140

    Form I-140 is an Immiangrant Petition for Alien Worker.

    Im computer tech, A+ Microsoft MCSE , Networking specialist.

    I met a someone who offer me a job here in US.
    My visa (I94) Has been expired on Sept. 2003 since then I dont have any status in the us.

    This guy have big company and he want me to manage his computer network between all branches , all located in NC and SC .

    He tried to put ad's on news paper and he's looking for computer manager and technician to work full time in his businesess and take care of all the network.

    The guy really want to hire me but he dont want to do it without the proper docs.

    I really need to know if there is anyway he can applly for sponser visa for me , means - petition for me to stay and work with him for the next cpl. years ?

    If so , which form he need to use ? is I-140 thats the form he need to fill and send to the center ?

    What about the status ? the USCIS can adjust my status even if my visa (VISITUR) has been epx. in 2003 ?

    Thank you so much for your help .

  • #2
    Form I-140 is an Immiangrant Petition for Alien Worker.

    Im computer tech, A+ Microsoft MCSE , Networking specialist.

    I met a someone who offer me a job here in US.
    My visa (I94) Has been expired on Sept. 2003 since then I dont have any status in the us.

    This guy have big company and he want me to manage his computer network between all branches , all located in NC and SC .

    He tried to put ad's on news paper and he's looking for computer manager and technician to work full time in his businesess and take care of all the network.

    The guy really want to hire me but he dont want to do it without the proper docs.

    I really need to know if there is anyway he can applly for sponser visa for me , means - petition for me to stay and work with him for the next cpl. years ?

    If so , which form he need to use ? is I-140 thats the form he need to fill and send to the center ?

    What about the status ? the USCIS can adjust my status even if my visa (VISITUR) has been epx. in 2003 ?

    Thank you so much for your help .

    Comment


    • #3
      BTW , I dont want to leave the country so if it will be needed to leave and get the visa out of usa Im not sure if I want to do this cuz they wont let me come back.

      Also , The degree I have its not university diploma , he wants to do petition for - alien worker (unskill worker) req. more than 2 years exprns or training.

      Thank you

      Comment


      • #4
        This is not meant to discourage you, but the whole truth of the matter about your situation is that you don't have any avenue to legalize your status "based on employment" because of your visa overstay. Going out of the US is not an option either because you will not be allowed to reenter for at least 10 years because you overstayed on your B1/B2 visa for more than a year. Your only way out is if an immigrant petition has been filed on your behalf (or for your parents while you were still a minor) on or before January 14, 1998.

        Comment


        • #5
          thank you so much for your respond.
          but just simple qn.

          I read very good the instructions about I-140 and it dosnt say anythink about status , are you sure what you are saying...

          BTW , Its little problem with the jan 14 , 1988 cuz I dont have any evidence from this years..

          thank you

          Comment


          • #6
            Okay, let me put it this way. Your company can file PERM, with you as the alien beneficiary. It will be filed to the Department of Labor. The DOL can approve that, no problem, because the DOL will just certify the fact that your employer has a vacancy and no US worker is there to fill it up. Then your employer will file Form I-140 to the USCIS. That will also be approved, no problem, but it will "not" give you any authorization to work. And due to EB-3 visa retrogression or backlog, you can only file an I-765 in conjunction with an I-485 when the visa becomes available (nobody knows when). Then, let's say the visa becomes available sometime soon, then you file these two forms. You can get a Work Permit (I-765) within 90 days. But for sure when they discovered later that you filed your I-485 "knowing that you didn't have a valid status," your problem may start. You're lucky if they would just deny your I-485. It's the discretion of the USCIS to deport you and ban you for how long, only they know.

            Comment


            • #7
              Thank you so much.
              I think I just wait and see if I can adjust my status in deferent way.
              thank you

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by tzachii:
                Thank you so much.
                I think I just wait and see if I can adjust my status in deferent way.
                thank you </div></BLOCKQUOTE>



                Do I smell a wedding coming on? most likely your only chance for forgiveness at this point.

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