About How To Resign

M

MAXIMUS32

New Member
Hello Dear People.
I Just Have A Question, I Would Like To To Know If I Can Resign To My Asylum Status? And How Can I Do That?
Because Of My Profession I Can Get Easily A Work Visa H1. Can I Get That Visa And Just Resign And Forget The Asylum Adjusment Status.
The Asylees Are Not Being Tried Fair By The Immigration Laws.

Thank You For Your Help.
 
MAXIMUS32 said:
Hello Dear People.
I Just Have A Question, I Would Like To To Know If I Can Resign To My Asylum Status? And How Can I Do That?
Because Of My Profession I Can Get Easily A Work Visa H1. Can I Get That Visa And Just Resign And Forget The Asylum Adjusment Status.
The Asylees Are Not Being Tried Fair By The Immigration Laws.

Thank You For Your Help.
Click to expand...


Yes you can but I think you better get A Laywer!....Hey guys we just got an extra number LOL :D
 
MAXIMUS32 said:
Hello Dear People.
I Just Have A Question, I Would Like To To Know If I Can Resign To My Asylum Status? And How Can I Do That?
Because Of My Profession I Can Get Easily A Work Visa H1. Can I Get That Visa And Just Resign And Forget The Asylum Adjusment Status.
The Asylees Are Not Being Tried Fair By The Immigration Laws.

Thank You For Your Help.
Click to expand...
That is a very good question. If you can guarantee the H1, your green card would only take few years. This is definitely better than waiting 12-15 years in the asylum pathway. You can always withdraw your asylum-based I- 485 and embark on the other path. However, as samuel said, you need to hire a laywer. Your company/corporation may actually pay for that lawyer if it is a good one so ask the administrators there.
 
shamshon said:
That is a very good question. If you can guarantee the H1, your green card would only take few years. This is definitely better than waiting 12-15 years in the asylum pathway. You can always withdraw your asylum-based I- 485 and embark on the other path. However, as samuel said, you need to hire a laywer. Your company/corporation may actually pay for that lawyer if it is a good one so ask the administrators there.
Click to expand...


I do not know how many times this has been discussed. You can apply for an employment based green card without "resigning" your asylum status. And you do not need an H visa which has nothing to do with a green card.
 
Don't resign

There is no available H1 at this moment!!!!
H1 visa is a no-immigrant visa.
H1 visa is only valid for 3 years, renovable for another 3.
If you loose your job, you must to find another employer asap, because the H1 visa tie you with one employer.

What you need to do is to apply for a Labor Certification to get a green card. In order to do this, you will need an US employer needing your services.

In some little aspects the asylee status outperforms the green card holder...you can have your wife and inmediate family (sons and daughters) in less than a year in comparation with the tipical 3 to 5 years wait, for green card holders.

Think twice before to loose your privileges. :)
 
Going backwards

If u do have asylum, why go backwards to an H -nonimmigrant VISA?
Besides, u can pursue both paths at the same time. I currently have an H-1 and I am an asylee. As an asylee u do not need H-1. Just ask for labor certication and adjust to GC
 
augustasylee,
Whom should i ask for labor certification. Can i persue it myself w/o an employer. Also, if current knows you are an asylee why would they process your GC???
 
Labor Certification

The employer does not care neither does INS care if you are an asylee or not. However, tell your employer that you a an alien allowed to work in the US but you want to become a resident alien which is the track towards citizenship. Ask them if they are prepared to sponsor you. They will have to apply for labor certification which takes about a year.You will contact a layer because the process is quite complex. They will have to advertise your position to prove that there are no Americans suitable for that position. (Don't be scared of this it's mere formality :) )Tell them that you will cover the fee and your attorney will pursue the whole thing. They will surely consult with thier own legal department to make sure that they are not doing anything illegal.
It will take about 2.5 yrs to get a green card from the day you apply for labor certification
 
You don't have to resign to persue anorther avenue for your GC.
By the way you are not that far from your GC through Asylum.You may get your GC through asylum in the next 2-3 years.
you don't get your H1 before that this days.

gebre
 
Gebre,

That sounds good, "You may get your GC through asylum in the next 2-3 years." Where do you get that? Real ID, or some other law?
 
Yah it sounds dandy fine that you can get your G.C through employment but when it comes time to adjust you may have problems.

You need to remember that Illegal stay in the U.S is a big no no and if you had your visa expire..applied for asylum..got approved..etc its different.
In employment petitions to adjust your I-485, you should've arrived legally in the United States. When I say legally i mean that if you overstayed your visa..You are an Illegal Alien who cannot adjust unless they allow you to submit a waiver(I-602)..

So before you go charging that you want to "Resign" your asylum and give it back cuz what the hecht you don't need it..Stop and think.!!!.Because you cannot "Reup" your asylum claim again when you have been denied a GC..
 
Pros & cons

ADVANTAGES OF ADJUSTMENT TROUGH LC/EMPLOYER
1.Less time: about 2.5 yrs
2.Reduction of federal deficit: paying a huge filing fee to Labor Dptmt & USCIS :)
3.Good Credit Report :cool: : working for the same employer consistenty for the duration of the process :rolleyes:

ADVANTAGES OF ADJUSTMENT THRU ASYLUM
1.Cheaper: you r saving at least $2000
2.you do not have to be a prisoner for the same employer during the process. In fact u do not need a job to adjust as an asylee
3.No attorney needed unless u really want to.Process pretty straightforward
 
Last edited by a moderator:
What if your employee already knows you are an Asylee and now you ask them to sponser your labour cert . I don't think any employer would go that way unless i could somehow apply by myself with just an fyi to my employer.
 
Why do you think an employer would not want an asylee to become a permanent resident? Tell them that you are in the process of becoming a citizen. A green card has many advantages that u may need... loans, tuition, mortgage etc. The asylum grant letter says clearly that you have not yet been authorized to live permanently in the US. Being an asylee is not a crime. Ur employer WILL NOT hate u for that. Besides u cannot hide ur status from your employer during the process since he is part and parcel if it. You WILL NOT be able to file Labor Certification on your own! U and your attorney will need to get ur employer invloved from the start.
It is not a secretive process.
I hope this helps to clarify.


BTW I noticed that your were granted asylum five years ago. In all probability,you should be getting a GC pretty soon-maybe before the LC goes through :rolleyes:
 
Last edited by a moderator:
You'd be a fool if you resign to being an Asylee. Getting the Green Card through labor certification is not easy and could actually take longer than the Asylum way. According to my attorney you can have as many applications for a green card as you can, for instance:
-Adjusted status from Asylee waiting for green card.
-Labor certification waiting for Green card
-married U.S citizen waiting for Gree card
You can have all these 3 at the same time and one doesn't bias the other, of course when you get it through whatever way comes first, the other two are no longer valid.

Good luck
 
wantmygcnow said:
Yah it sounds dandy fine that you can get your G.C through employment but when it comes time to adjust you may have problems.

You need to remember that Illegal stay in the U.S is a big no no and if you had your visa expire..applied for asylum..got approved..etc its different.
In employment petitions to adjust your I-485, you should've arrived legally in the United States. When I say legally i mean that if you overstayed your visa..You are an Illegal Alien who cannot adjust unless they allow you to submit a waiver(I-602)..

So before you go charging that you want to "Resign" your asylum and give it back cuz what the hecht you don't need it..Stop and think.!!!.Because you cannot "Reup" your asylum claim again when you have been denied a GC..
Click to expand...
Hello, wantmygcnow!
I have question for you, cz I see you're knowledgeble! My pattern is:
J1 => B1 => ~2years illigal => Derivative Asylum, SO could you tell me how big will be my problems to adjust
Thank YOU in advance
 
Opinion...I don't know if you will have any problems. I dont know if derivates are considered same as the principal applicant...I am thinking you wont have any problems because your adjustment will be based on the principals asylum based case...but again I am not a lawyer and don't know how others have adjusted...



opinion said:
Hello, wantmygcnow!
I have question for you, cz I see you're knowledgeble! My pattern is:
J1 => B1 => ~2years illigal => Derivative Asylum, SO could you tell me how big will be my problems to adjust
Thank YOU in advance
Click to expand...
 
wantmygcnow said:
Opinion...I don't know if you will have any problems. I dont know if derivates are considered same as the principal applicant...I am thinking you wont have any problems because your adjustment will be based on the principals asylum based case...but again I am not a lawyer and don't know how others have adjusted...
Click to expand...
Thank you for the quick respond and Thank YOU :) anyway
 
You must log in or register to reply here.
Top