B1/B2 adjustment

[MarkHui]

Hi all!

It's been awhile since I have posted here hope y'all been fine.

So the wife and I own 3 spas (not bragging as they barely pay for themselves) we have just met a young lady we would like to employ. She has a ten year multiple entry B1/B2 visa. She is very near the end of her I-94 limit (six months) and must leave to avoid an overstay. 20 days or so.

 

I read that you should file for an adjustment 45 days before your I-94 expires?

 

Could we file with a local USCIS office while she stays here? She wouldn't have to return to China?

 

Can she return to China enter the States again after a short time then we file for a H1 or whatever so she could legally work? I worry this might be visa fraud as the intent would be different than stated.

 

How long might it take if we filed for H1 if she stayed in China during the process?

 

What do you think would be the best way to go about this?

[dnoblett]

Problem is basis for adjustment of status, the I-485 needs to be based on a visa petition that would result in an immigrant visa.

 

H-1 visa may also be problematic, usually has to show you cannot find someone local who has the skills, my wife is a spa owner, there are many potential workers that she can employ straight out of the local school and does not need to bring someone over.

 

I have seen a few spa owners who bring a worker over and the worker files for asylum and gets work permit and then the long process of that working through the system.

[Randy W]

Here is a better read on that issue

 

http://www.immi-usa.com/from-h1b-to-green-card-process-eb2-or-eb3-visa/

 

It’s crucial for the foreign worker to maintain lawful immigration status while in the green card process or making the change from H1B to Green Card (EB2/EB3). In order to do so, you must submit an I-485 petition to USCIS–this generally occurs after the USCIS has already approved your employer’s I-140. In some instances, concurrent filing may be selected which permits both the I-485 and I-140 petition to be submitted at the same time.

Here are the steps for transitioning from H1B to green card status:

1. You must first find an employer who is willing to sponsor you for your green card by offering you a position that qualifies under an employment-based green card category. This can be either your H1B employer or a different employer.
2. Then, your employer must obtain a PERM Labor Certification. This means that the prevailing wage will need to be determined and eventually paid as your wage, an extensive recruitment process must take place for the position you will fill to ensure that no U.S. workers are available, and an ETA 9089 form must be filed.
3. Once the PERM has been approved, your employer must then file an I-140 Immigration Petition for Alien Worker.
4. As soon as the USCIS receives your petition, that date is your priority date. You will need to wait until your priority date becomes current before moving on to the final step.
5. Once you have a current priority date, you can apply for an adjustment of status by submitting the I-485 form with the USCIS. If it is approved, then you will receive your green card.

 

[Randy W]

Hi all!

It's been awhile since I have posted here hope y'all been fine.

So the wife and I own 3 spas (not bragging as they barely pay for themselves) we have just met a young lady we would like to employ. She has a ten year multiple entry B1/B2 visa. She is very near the end of her I-94 limit (six months) and must leave to avoid an overstay. 20 days or so.

 

I read that you should file for an adjustment 45 days before your I-94 expires?

 

Could we file with a local USCIS office while she stays here? She wouldn't have to return to China?

 

Can she return to China enter the States again after a short time then we file for a H1 or whatever so she could legally work? I worry this might be visa fraud as the intent would be different than stated.

 

How long might it take if we filed for H1 if she stayed in China during the process?

 

What do you think would be the best way to go about this?

 

 

45 days would not be enough time - she would definitely have to return before the expiration of her I-94.