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Work Permit for a spouse of asylum applicant and H1B

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?

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Attorney answers 5


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.

Joshua Goldstein, Esq

Immigration & Nationality Lawyers

Law Offices of Joshua L Goldstein, PC
6 Beacon Street, # 220
Boston, Massachusetts 02108
Tel: 617.722.0005
Fax: 617.722.0015



I haven't been out of status. I have not applied for derivative applicant. can I do it now? Clock for his application hasn't stopped.


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; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.



Thanks for the answer but my souse hasn't yet granted nor approved the asylum. As I said in above, he just have an open pending case but clock hasn't stopped. its been more than 2 years and I need to have a EAD like my husband to be able to work. My name is included in his application but I am not sure what would be my next step while his case is still pending for two years!!! He has his EAD and can work ... Thanks


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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


More informstion is needed. Speak to an immigration sttorney.

The information on this website is not intended to be legal advice.


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;; 503-951-8209. This answer is intended for general informational purposes only and does not create an attorney-client relationship. The statement above does not constitute legal advice, as all the facts are not known.

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