Legal Question in Immigration Law in California

I am getting master degrees in both computer science and statistics in 2012 June. I am overstay in the US for more than 1 year and I found a company who is willing to sponsor me. I realized that I need to leave this country first then apply, but once i leave, I have a 10 year bar. My plan is to apply for a wavier first then apply for working visa. Does it work? Is there a better way?


Asked on 12/25/10, 5:36 pm

1 Answer from Attorneys
Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

Getting nonimmigrant Waivers are not easy, but is is possible. Theoretically, you could apply for the Advanced Degree PERM whether you leave or not. It is just the adjustment that will cause the problem. If you are going to leave, you should apply for the Advanced Degree H-1B along with a Nonimmigrant Waiver of Inadmissibility. Please contact me for more information.

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Answered on 1/01/11, 8:12 am


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