asylum i-485

[Gilbert]

Thanks, guys! I will check with another lawyer! Has anyone done this before though? Did it work out for anybody? Could you please share your story?

Yes, we do this for people all the time. H1B visas have nothing to do with the green card process. A HIB visa allows an alien to work in the United States temporarily and most of the time only for a specific employer. Asylees have permanent work authorization and can work for (for the most part) any job in the market.

The key to whether an asylee can apply for an employment-based or family-based green card is the manner of his entry into the United States.

 

[Asylee13]

My understanding is thay if you have required qualification(undergraduate degree) and experience in you field, you should not have problem getting an HIB. I think you have to apply for change of status to INS. I am sure that you don't have to go out of the country. But note that under current economy getting an HIB and finding an employer who would sponser you green card is not easy. Has anyone tried this?

 

[EspressoJoy]

My H1-B comments

every single friend who had H1-B was so stressed about their job. Of course the employers took full advantage of their positioin (completely dependent on the employer for the Green Card) and underpaid them, sent them to an unreasonable amount of trips, things like that. It is very hard to be in that position.

Just my 2 cents.

 

[hampton8844]

every single friend who had H1-B was so stressed about their job. Of course the employers took full advantage of their positioin (completely dependent on the employer for the Green Card) and underpaid them, sent them to an unreasonable amount of trips, things like that. It is very hard to be in that position.

Just my 2 cents.

I do not understand this. H1-B has nothing to do with employment green card. You do NOT need an HI-B to get a green card based on a job offer.
??????????????

Thanks!!!!

 

[EspressoJoy]

you cannot get the Green Card right away

You have to have a visa for a while. Nobody will or can give you the green card with the job.

 

[hampton8844]

You have to have a visa for a while. Nobody will or can give you the green card with the job.

You do NOT need a visa if you are an asylee. Asylum status gives you the permissiont to work. You can go directly to labor certification. HIB visa has nothing to do with employment green card.

 

[frombasra]

You do NOT need a visa if you are an asylee. Asylum status gives you the permissiont to work. You can go directly to labor certification. HIB visa has nothing to do with employment green card.

No H1b visas are needed, period. Even people present here illegaly could file for a employment based green card (at least they could until the law was changed in 2001).

 

[Asylee13]

Hampster 8844 ,

I don't where you got this idea from, that Asylee can apply for labor certification directly and get the green card. Do you have any details of this .. how is this done??

 

[hampton8844]

Hampster 8844 ,

I don't where you got this idea from, that Asylee can apply for labor certification directly and get the green card. Do you have any details of this .. how is this done??

Asylees apply for labor certification just like anybody else.

 

[Asylee13]

And what after that. Can we apply directly for I-485 based on employment. What about our asylee status. Could you explain the process?

 

[Ioneska]

Ok, here is the news. I've talked to another lawyer. And he suggested that if I am thinking of doing this (applying for labor certification being an asylee), I should wait until March 28th, some kind of new PERM law will start from that day. He is not saying exactly what it is, but he says "A new legislation bill has passed the House of Representative. the bill is horrible for asylum applicants, but one of the "sweeteners" they put in was to greatly increase the number of asylees who could apply each year." The PERM law is something that's gonna enable faster processing of labor certification approvals.

So, anyway, the answer is "YES, IT IS POSSIBLE TO GO FOR LABOR CERTIFICATION BEING IN THE STATUS OF ASYLEE"! However, he said 2 forms of 1-485 cannot be processed simultaneously. If we decide to go for labor certification, we have to cancel our "asylum based" i-485! So, before you make your decision, think twice!

 

[karina]

Ioneska,

PERM is a computerised process that is supposed to replace the existing paper filing version of labor certification. Please check www.shusterman.com for further information on PERM.
The bill he was talking about is H.R. 418 Bill (REAL ID Act), which has been widely discussed at this forum. Please check recent posts.
You seem to have mixed up those 2 items.

 

[nofreedom]

Ok, here is the news. I've talked to another lawyer. And he suggested that if I am thinking of doing this (applying for labor certification being an asylee), I should wait until March 28th, some kind of new PERM law will start from that day. He is not saying exactly what it is, but he says "A new legislation bill has passed the House of Representative. the bill is horrible for asylum applicants, but one of the "sweeteners" they put in was to greatly increase the number of asylees who could apply each year." The PERM law is something that's gonna enable faster processing of labor certification approvals.

So, anyway, the answer is "YES, IT IS POSSIBLE TO GO FOR LABOR CERTIFICATION BEING IN THE STATUS OF ASYLEE"! However, he said 2 forms of 1-485 cannot be processed simultaneously. If we decide to go for labor certification, we have to cancel our "asylum based" i-485! So, before you make your decision, think twice!

my lawyer told me a lot of stuff that later on I found out that I had a different choice (like I found out that I don't need advanced parole if I have RTD - stuff like that). So, in this forum we discussed that we can have multiple I-485 at the same time. If you cancel your asylum application, and they refuse you for labor certification approval, then what?? Think twice what you decide to do.