DACA to HB1 visa

[Jerzaim 8]

Hi everyone,

I was just curious if anyone knew if there would be a way to transition from DACA (once approved) to a visa like the HB1 (or similar visas)..

Thanks.

[pswa83 302]

did a little research and this is what is defined to be a HB1 visa:

The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows US employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the US.

The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor^[1] including but not limited to architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum^[2] (with the exception of fashion models, who must be "of distinguished merit and ability").^[3] Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.

so, what i am gathering from this info is that one would need to be highly skilled in their area of employment and have a employer willing to sponsper their visa. also the visa is valid for 3 yrs but can be extended to 6 yrs but is also limited to the term of their employment. if one wanted to extend their HB1 visa past 6 yrs, one must leave the US for a year before being able to reapply for the HB1 visa.

i would think once one wants to change their status, if possible, they should consulate with a good immigration lawyer.

[EnJR 39]

Actually I don't think it's a possibility because if you qualify for DACA, it's because you're here illegally so in order to get a status you need to be here legally, once you become an illegal person you cannot get any other status unless you marry someone.... DACA won't give you any legal status, just like it says, it will defer your case so you wont be deported and you will be granted a work permit, but as of now, the only way for us to get a legal status is by getting married. Yet, I'm not lawyer, you should consider asking a lawyer or someone who knows about the matter.

[Jerzaim 8]

I found this online, http://curranberger.com/dreamact/index.php/d-3-waiver-h-1b-visa-guide-for-students... looks like one can can get sponsored by an employer and obtain an H-1B visa as long as they also send in the D-3 waiver. But i guess this would be something one should try to consult with a competent immigration lawyer...