Work Permit for a spouse of asylum applicant and H1B

Asked about 1 year ago - Portland, OR

My Husband has currently an unusual "pending" asylum case for 2 years and I am under his application as his spouse. He has got his work permit(EAD) based on his asylum application. Am I eligible to get a work permit as a family member of applicant?

If the answer is NO, Can I apply for H1-B through an employer while my name is still in my husband application for asylum?

Attorney answers (5)

  1. Alexander Joseph Segal

    Contributor Level 20

    9

    Lawyers agree

    Answered . You obviously need a consultation with an immigration attorney in OR, to discuss your specific situation. the question you ask suggests that. The question you ask is impossible to answer. You did not provide more information for it. The question you should have asked, would have sounded something like - is a derivative spouse of an asylum applicant, who was included but filed for derivative asylum as part of the affirmative asylum application, eligible for EAD along with her spouse as part of that asylum process - No. There could be a different version of the question: is a derivative spouse of an asylum applicant, who was included and filed for derivative asylum as part of the affirmative asylum application, eligible for EAD along with her spouse as part of that asylum process - Yes. You choose. The rest of the answers you will get on that consultation. Schedule one with a local immigration attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  2. Joshua L. Goldstein

    Contributor Level 12

    7

    Lawyers agree

    Answered . Not enough info to answer this questions. Some relevant questions would be: were you ever out of status? Did you also apply for asylum as a derivative applicant? Has the "clock stopped" (ask your lawyer to explain this)?

    Consult with an immigration lawyer ASAP.

    G
    ______________________________________________
    Joshua Goldstein, Esq

    Immigration & Nationality Lawyers

    Law Offices of Joshua L Goldstein, PC
    6 Beacon Street, # 220
    Boston, Massachusetts 02108
    Email: josh@jgoldlaw.com
    Tel: 617.722.0005
    Fax: 617.722.0015
    URL: www.jgoldlaw.com
    Blog: www.massachusettsimmigrationlawyerblog.com
    Twitter: twitter.com/attyimmigration
    Linkedin: www.linkedin.com/in/immigrationjoshuagoldstein
    Facebook: https://www.facebook.com/Immigration.Visa.Lawyer

  3. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . Yes, of you are listed in his asylum application as a spouse dependent, and provided the infamous "clock" did not "stop".

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  4. Chong Hae Ye

    Pro

    Contributor Level 16

    4

    Lawyers agree

    Answered . More informstion is needed. Speak to an immigration sttorney.

    The information on this website is not intended to be legal advice.
  5. Elliot M.S. Yi

    Contributor Level 15

    2

    Lawyers agree

    Answered . Your eligibility depends on certain information not provided in the question. Please seek the advice of an immigration attorney to clarify the requirements and make sure you are eligible. I agree with my colleagues that more information is needed and important preliminary questions must first be addressed such as if you have ever been out of status and the running of the "clock" etc. Good luck!

    The Law Office of Elliot M.S. Yi, 2075 SW First Avenue, Ste 2J, Portland, Oregon, 97201 www.emsylaw.com; elliot@... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,456 answers this week

2,941 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,456 answers this week

2,941 attorneys answering