Tourist Visa to F-3

[Phytia 8]

I just want to ask if someone can adjust from a tourist visa to an F-3 (in the U.S.). The parent is in the U.S. and is willing to apply for the married daughter while she is in the U.S. under a B-2 visa.

 

If her parents file I-130 for her and AOS, can she stay in the U.S.? while on a tourist visa, can she file for an extension, or does she need to go back to her home country while petition is in process.

 

Thank you in advance.

[Pinkrlion 2,724]

She will need to go back home while petition is pending. 

[JeanneAdil 6,560]

reading on extentions on VJ it is a fast process after the application and if denied,  the person can be hit with an overstay /I would not try for one  as there is no way an extension allows u to stay for years

 

current wait times per February visa bulletin

 

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01JAN15	01JAN15	01JAN15	01MAY01	01MAR12
F2A	08FEB20	08FEB20	08FEB20	01FEB20	08FEB20
F2B	01OCT15	01OCT15	01OCT15	22OCT03	22OCT11
F3	22APR09	22APR09	22APR09	08SEP98	08JUN02
F4	22MAY07	22MAY07	15NOV05	15SEP00	15OCT02

[Phytia 8]

19 minutes ago, JeanneAdil said:

reading on extentions on VJ it is a fast process after the application and if denied,  the person can be hit with an overstay /I would not try for one  as there is no way an extension allows u to stay for years

 

current wait times per February visa bulletin

 

Family- Sponsored	All Chargeability  Areas Except Those Listed	CHINA-mainland  born	INDIA	MEXICO	PHILIPPINES
F1	01JAN15	01JAN15	01JAN15	01MAY01	01MAR12
F2A	08FEB20	08FEB20	08FEB20	01FEB20	08FEB20
F2B	01OCT15	01OCT15	01OCT15	22OCT03	22OCT11
F3	22APR09	22APR09	22APR09	08SEP98	08JUN02
F4	22MAY07	22MAY07	15NOV05	15SEP00	15OCT02

 

Thank you for the information. Another question, there is an employer who is willing to offer a job. Can the employer apply  H1B while she in the U.S.?

Edited February 1 by Phytia

[Boiler 45,670]

1 hour ago, Phytia said:

 

Thank you for the information. Another question, there is an employer who is willing to offer a job. Can the employer apply  H1B while she in the U.S.?

Is this a lottery case? Sure, does not matter where she is, if not subject to the cap maybe doable to adjust but this is something the Employers Lawyer handles.

[Phytia 8]

1 minute ago, Boiler said:

Is this a lottery case? Sure, does not matter where she is, if not subject to the cap maybe doable to adjust but this is something the Employers Lawyer handles.

Thank you for the information. 

[appleblossom 2,694]

10 hours ago, Phytia said:

 

Thank you for the information. Another question, there is an employer who is willing to offer a job. Can the employer apply  H1B while she in the U.S.?

When does her B visa expire? Just be aware that (assuming it’s not cap exempt) the earliest she’s likely to get the visa would be May/June. So you may find she has to return to wait that out too, if she’s lucky enough to get one in the lottery (roughly 1 in 10 chance). 
 

And with a 20+ year ahead of her for the F3, that won’t allow her to stay in the US to wait the whole time out. H1-B is for max 6 years. 
 

You might want to look at other alternatives. If she’s qualified and has an interested employer that’s prepared to sponsor her visa, maybe an employment based green card instead? What does she do and what is her highest level qualification? 

Edited February 1 by appleblossom

[Rocio0010 5,579]

What is the job?

 

Why would the employer hire that person and not someone from the US?

[OldUser 6,889]

9 hours ago, Rocio0010 said:

What is the job?

 

Why would the employer hire that person and not someone from the US?

???

F3 is family based category

[Rocio0010 5,579]

10 hours ago, OldUser said:

???

F3 is family based category

Yep, but they are asking about H1B, which usually is for highly qualified people.

[Boiler 45,670]

Actually H1b just requires a degree. And even that can be got around.

 

Getting an Employer willing and of course assuming it is a Lottery case being lucky is the hard part.