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Asylum on H1B

Hollywood, FL |

HI,
I am currently working under H1B. My wife is on H4 Visa (my dependent). I am thinking of applying for asylum. How is this going to affect my current status and Job if this is approved or rejected. If approved, how can i continue to work with the current employer? If rejected what would be my status and is this going to affect my future PERM processing?

Attorney Answers 3


  1. An application for asylum is not a request for change of status, so if approved, you can continue working for your employer and if denied you will continue to be an H1b.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. I agree with my colleague

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  3. An application for asylum is treated independently of your current immigration status. Thus, if your application is denied and you are maintaining lawful status then that is the end of it and no removal proceedings are initiated (assuming you are not otherwise amenable to removal proceedings).

    If your application is approved you will be granted unrestricted employment authorization and can work for anyone you want. The H-1B essentially becomes irrelevant as does the requiremnt to obtain a labor certification as an asylee can apply for permanent residence after being an asylee for 1 year.

    Applying for asylum should not be taken lightly. There are numerous restrictions and filing a frivolous claim can lead to permanent ineligibility to for any future immigration benefits. Consult with an experienced immigration attorney who can review the facts of your case and advise you how best to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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