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Wilton A. Person
Wilton A. Person, Immigration Lawyer
Category: Immigration Law
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Experience:  Knowledgeable and experienced immigration lawyer.
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Hello, is anyone can give me a correct suggestion ? I came

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Hello, is anyone can give me a correct suggestion ? I came America as a student . I could not find a company which want to help me to apply H-1B. So my status turned illegal after I graduated. But now, I get one corporation which willing to do so. Is it possible the company still can help me to apply H-1B and get a greencard ?
Thank you for your question, Unfortunately, the only type of petition that would forgive your overstay in the United States is a an immediate relative petition such as a petition by a US citizen spouse. An employment petition does not allow a foreign national who overstayed his or her visa to change his or her status to a non-immigrant visa such as a H-1B visa.

A key feature of changing status is that a person must have a current status and not have overstayed the time allowed by his or her I-94.

Nevertheless, there may some relief for persons who overstay visas in a comprehensive immigration reform bill that is currently being debated in the House of Representatives but it will be necessary to wait until the final bill passes into law which is widely expected in the near future.
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