Legal Question in Immigration Law in New York

Quick Immagration question.

hello,

what happens if a friend of mine

from poland comes to the US to visit

under a B1/B2 VISA and then is

offered work? Can she still have a

sponsor to fill out the EB-2 visa

(because she has a masters degree

in Psychology) and submit it to the

USCIS? This is perfectly legal ?

Thanks so much for answering this

question. She would really appreciate

a repsonse.


Asked on 5/26/07, 8:08 am

1 Answer from Attorneys
William Frenkel Frenkel Sukhman LLP

Re: Quick Immagration question.

If your friend qualifies for EB-2 status (and it is far from a foregone conclusion), her employer could petition for her and start the labor certification process. The problem is that while your friend waits for her turn to adjust status, she has to be in valid immigration status and B1 visa only lasts for a few months plus possibly one extension. So the solution is either to obtain a different temporary status for the duration of the EB-2 processing time or to return to Poland and then go through the consular process when a visa becomes available. Consult an immigration attorney for advice on what works best in your friend's particular circumstances.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

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Answered on 5/26/07, 11:05 am


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