J-1 waiver/Asylum/H-1

[Tanya09]

Dear all,

I am new to this forum and will greatly appreciate any help.

I have been on J-1 status in USA since 2004 but due to unfair circumstances I resigned from my residency progam on December 31, 2008. I had fear of persecution for returning to my home country and decided to seek for political asylum. I applied for asylum on January 29, 2009 (withing 30 days grace period) and took my asylum interview last week and currently waiting for decision.

I am also seeking J-1 hardship waiver based on my US citizen son. My attorny filed DS-3035 to department of state last month but form I-612 still need to be submitted to USCIS.

If I am granted asylum it will make my life much easy and I believe solve all my problems. If I am not granted asylum then I will try to get asylum from immigration court, and then from Board of Appeal and then from federal court. In case I am not granted asylum I will have to find other ways to stay in USA.

I have following questions.

(1) What is my legal status at this time.

(2) If I get J-1 hardship waiver several months from now, will I be eligible to obtaine H-1 based on research.

(3) If I will be eligible for H-1, will I be able to get H-1 while in USA (keeping in mind that my J-1 status expired on January 30, 2009 and my asylum is being processed/pending) OR will I have to go to Canada to get H-1 stamped.

(4) If I would have to go to Canada then what are the chances I will get H-1 (while keeping in mind my J-1 status expired any my asylum being processed).

I will greately appreciate response of any of the members on this forum.

Tanya