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Q: Pending asylum to H-1 visa or green card ( No Answer,   3 Comments )
Question  
Subject: Pending asylum to H-1 visa or green card
Category: Miscellaneous
Asked by: ultrasound78-ga
List Price: $50.00
Posted: 14 Dec 2005 21:19 PST
Expires: 13 Jan 2006 21:19 PST
Question ID: 606056
Dear researchers,
My friend is in the process of getting an asylum.
He had the hearing in front of the immigration judge and was denied,
so now he is appealing to the Immigration board.
He is working for a big company using the EAD granted while he is in
this asylum process.
The question is: 
If the company wants to sponsor him an H-1 visa, can he get it
considering his current status (pending asylum)?
What about a green card? again if the company willing to sponsor him.
Lastly, How about an H-4 (H-1 dependent) visa? His wife is working under H-1.
Some people said that he can't change his visa status until the asylum is granted.
But if his asylum is denied and he can't appeal anymore, he will have
to move out from the U.S., I think.
So, it is best for him to get/switch to H-1, green card, or even H-4 if possible.
Thank you in advance for your help.
Answer  
There is no answer at this time.

Comments  
Subject: Re: Pending asylum to H-1 visa or green card
From: myoarin-ga on 15 Dec 2005 07:43 PST
 
Hi Ultrasound,
This is where you should start to look, the site of the US citizenship
and Immigration Service:
http://uscis.gov/graphics/

Click on FAQs at the top and try to find applicable information.

I hope someone with more knowledge of the subject can advise you.
Regards, Myoarin
Subject: Re: Pending asylum to H-1 visa or green card
From: ted131-ga on 15 Dec 2005 08:29 PST
 
Immigration to the US is a complicated business. It took my wife and I
over 6 years to get green cards and that is using an experienced
immigration lawyer. I recommend you get an experienced immigration
lawyer. You can contact the American Immigration Lawyers Association
for help in finding a lawyer at
www.aila.org
Subject: Re: Pending asylum to H-1 visa or green card
From: ultrasound78-ga on 15 Dec 2005 11:54 PST
 
Thanks for the comment myorarin and ted!

We have looked at the USCIS.gov website and could not find the answer there.
Not sure if we just could not find it or they really don't have the
answer there, but we tried.
We also asked a lawyer and he basically said until the asylum is
granted he can't change his visa status. Which means he is stuck with
his asylum, and if it's denied and he can't appeal any further, then
he in trouble.

I was thinking what happened if he just drop his asylum case, does
anyone know? and can he the apply for a green card or H-1?
It is just hard to believe that his pending asylum status is immovable.

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