B2 expired 6 years ago... can she still apply???? help!

[imailin]

What is the name of your state (only U.S. law)? fl

my frined wants to know if after 6 or 7 years of being her B2 visa (tourist visitor visa) expired she can apply and be approved for ETA 8898?? Is this possible? She found a company that really wants her working with them. She is a US hight school graduate and now he is a few credits away from getting her AA degree.... please advise!!!!! what are the requirements?

Thanks!

 

[imailin]

I forgot to mention

I forgot to mention that she has a relative petition since 2000 (her sister claimed her back in 2000 with the 245 law) Can she apply for employment certification with this?

 

[ImmigAttyLana]

Yes, she can if she is grandfathered by 245i. However, the labor certification and the permanent residence on the basis of this type of petition is likely to take even longer than simply waiting for her priority date to become current on the basis of the petition her sister filed on her behalf 8+ years ago. Since she does not have a bachelor's degree even, it would be for a skilled position that the labor cert could be filed and the priority date backlog for that is very long.

 

[imailin]

thanks you!!! I guess she would have to talk with sameone about this issue... she is under 245i law, I hope samething could get done for her...

 

[ImmigAttyLana]

Again, she is not eligible for any immediate employment authorization and I doubt that any employer would be interested in hiring her knowing that she will not be eligible to work lawfully for the next 4-6 years, but....