can overstayed status get employed through company?

[bijuria11]

hi guys,

i have a question. can someone with a bachelors degree obtained in USA who overstayed visa get hired by a company that will apply for their working permit/green card or whatever that will change their status? thanks.

 

[TheRealCanadian]

i have a question. can someone with a bachelors degree obtained in USA who overstayed visa get hired by a company that will apply for their working permit/green card or whatever that will change their status? thanks.

The company can petition for a GC, but they can't legally employ them based on that pending petition alone.

 

[Jackolantern]

i have a question. can someone with a bachelors degree obtained in USA who overstayed visa get hired by a company that will apply for their working permit/green card or whatever that will change their status? thanks.

Usually not. But it depends on how long the overstay was and when it happened.

 

[bijuria11]

The company can petition for a GC, but they can't legally employ them based on that pending petition alone.

well if they petition for a GC would it go through? does one have to go back to country of origin and come back? thanks

 

[bijuria11]

Usually not. But it depends on how long the overstay was and when it happened.

ok thanks. overstay over 5 years.

 

[TheRealCanadian]

well if they petition for a GC would it go through? does one have to go back to country of origin and come back? thanks

Overstay over 5 years? You'd be ineligible to adjust status within the US based on current law, and the instant you leave you become subject to the 10-year re-entry bar.

 

[Triple Citizen]

If the employer is willing to wait 10 years, then yes. Otherwise no.

overstay over 5 years.