Pending for 4 years - Change of Status

buiak

New Member
Hi, I came in US with an F1 visa 4 years ago. After 2 weeks I applied for a change of status, because I want it to go to a different college. Since then I in pending (4 years). I called INS and they keep telling me that my case was sent to a local office in CA since Jan. 2004. Even when I go online I get the same thing. Since then I went to college, for 2 years and now I'm a full time employee - legally, on taxes. So far nobody was able to give me an answer. Can anybody help me? Am I legal or not?. Can I apply for a H 1B visa or my only chance is marriage? I want to apply for a H 1B visa. Tks.
 
When I say legal I mean that I pay taxes. I don't have a work permit that's why I want to know how can I get one in my situation. Even that I don't have a work permit, I didn't had problems finding a place to work, even at big companies.
what can I do in my situation? I want to apply for a H 1B visa. Any advise is welcome. Thank you for your help.
 
You can't change your status inside the US. You have been out of status for a long time, and you worked without a work permit. You are subject to a 10 year bar if you leave the US, so you can't get a visa stamp either. If you marry a US citizen you may be able to legalize your status, but you definitively need a good attorney. The only other option is to leave the US, wait for 10 years, and then apply for H1B. The fact that you paid taxes is almost irrelevant in this context.
 
the fact that your case is still pending means that you are still legal. but you messed up everything by working without a working permit. you ca still get married to a us citizen. YOU WILL NEED A VERY GOOD LAWYER.
 
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