Out of Status...F1 Trying to get H1

[poisontee]

What is the name of your state? Ks

My friend lives in Kansas. He entered USA legally via a F 1 Visa. He was an F1 student 3 years ago. He graduated college and took the one year OPT which expired 2005. After which he still remained in the USA and continued working. My question is, He has a job where he is thinking of asking his employer to file for an H1 Visa for him. Will his being out of status have any effect if he files? What should he do to get back on status?

Thank you!
Tim

 

[ImmigAttyLana]

HE definitely cannot do anything to legalize his status from within the US; he would have to go through consular processing. He may encounter some very serious problems at the Consulate, however, for having worked without valid authorization for all this time.

 

[poisontee]

HE definitely cannot do anything to legalize his status from within the US; he would have to go through consular processing. He may encounter some very serious problems at the Consulate, however, for having worked without valid authorization for all this time.

Thank you Lana for your Reply. Now, I understand the employer Sponsored H1 is Impossible for him from with in the Us. How about if he marry a Us citizen whom they have a kid together. Will that allow him to adjust status without having to leave USA or his being Illegal here after his F1 expired still count against him?

Thank you for your time.

Tim

 

[ImmigAttyLana]

Yes, a valid marriage to a USC, regardless of whether or not they have a child together, would allow him to adjust status to permanent residence within the US as long as he can prove a lawful entry to the US.