already working with a permit but with a tourist visa

[asuncionmd]

my sister left for Arizona march of 2003 on a tourist visa. before her I-94 expired (sept of 2003), she was able to find an employer and she has since worked in the school as a teacher. she tells me she was able to get a working permit, that everything is above board, legal and straight. she even has an SS number and bank account. i guess she means she was able to change her status from tourist to working, but her visa remains a tourist's visa.

she has just renewed her yearly contract with the school and now plans to request the school to sponsor her permanent status/green card. is this possible? will there be any trouble with her papers?

with her present condition, how can she convert her tourist visa to an H1B visa? is that possible after over a year or so of working there?

pls advice... thanks and more power...

[immihelp]

No body can legally work on tourist visa.

She might have switched to some work visa such as H1 visa. If not, I don't know what is going on.

[asuncionmd]

the school helped her get an H1 approval notice which she tell me is legal. but can she come back to our country for a visit? she has no working visa stamp.

can she still be eligible for application for a permanent residence by her employer? if so, does she have a chance?

is her H1 approval notice good for 3 yrs extendable to 6 yrs? if she applies for work with a new school, does she get another 6 yrs and so on and so forth?

i hope to hear from you again...

[immihelp]

6 year is total on H1 visa. It is not 6 years/employer.

It is possible that she does not have visa stamp. Visa stamp is used only for entering into US.

Read https://www.immihelp.com/usa-visas/h1b to read more about H1 visa.

Read http://www.immihelp.com/gc/ to read more about employment based greencard.

[asuncionmd]

is it safe for my sister then to visit her homecountry with her new I94 and working status? how can she re entering the US with her old tourist visa? she has no H1b visa stamped in her passport yet, only a working permit with a new I94 good for 3 yrs...

[immihelp]

She needs to get H1 visa stamped before entering US.