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Can an individual with pending asylum case file I-140 in the US?
- Thread starter falcon998
- Start date
I - 140
Hi Tim.
I have applied for political asylun in 1994 in New York and since then I have been waiting for asylum interview. In the mean time I have finished my school and working as a software developer for last 5 years. Now my company is willing to sponsor me for the greencard. Is it possible in my status of pending asylum case? Any suggestions or advice will be greatly appriceated.
Thanks,
Ravi
Hi Tim.
I have applied for political asylun in 1994 in New York and since then I have been waiting for asylum interview. In the mean time I have finished my school and working as a software developer for last 5 years. Now my company is willing to sponsor me for the greencard. Is it possible in my status of pending asylum case? Any suggestions or advice will be greatly appriceated.
Thanks,
Ravi
No Title
I think you can go through employment as long as you haven\'t been staying in US illegally. It is legal while your asylum is pending.
I don\'t understand why you have to wait for so many years for asylum interview. Do you mean your asylum was approved in 94? Or you have never had an interview with INS for asylum?
I think you can go through employment as long as you haven\'t been staying in US illegally. It is legal while your asylum is pending.
I don\'t understand why you have to wait for so many years for asylum interview. Do you mean your asylum was approved in 94? Or you have never had an interview with INS for asylum?
No Title
I never had any interview with INS for asylum. I talk to couple of
lawyer in New York and they said I am not eligible to apply for the employment based greencard. They said something about 245(i) which
is not applicable now. Do you know any lawyer who did this kind of work? Thank you very much for your help.
Ravi
I never had any interview with INS for asylum. I talk to couple of
lawyer in New York and they said I am not eligible to apply for the employment based greencard. They said something about 245(i) which
is not applicable now. Do you know any lawyer who did this kind of work? Thank you very much for your help.
Ravi
Talk to a good lawyer
Bear the following points in mind:
(1)It is not uncommon for applications for asylum filed before 1995 to be languishing in INS file rooms.
(2)An employment petition can be submitted in behalf of anyone if the underlying job offer meets the basic legal requirements. The problem will be getting your green card if the I-140 is successful.
(3)In order to adjust status in the United States on the basis of an I-140, you must have entered the country legally and have NOT violated your status (including working unlawfully) for more than 180 days. Since you were here since 1994, this is an almost improbability.
(4)Because you cannot adjust here, you must go abroad to receive your visa. But you may be subject to the readmission bar upon departure from the United States. The period is three years if you have been out of status for 180 days, ten years if more than one year. The only exception to this rule is a determination by the INS that during the period in question, you had a "bona fide" application for asylum pending AND that you did not work without INS permission.
(5)How strong is your asylum application? You can write the INS to request an interview if you think you will get an approval.
(6)The best course of action for you is to consult a capable immigration attorney.
Bear the following points in mind:
(1)It is not uncommon for applications for asylum filed before 1995 to be languishing in INS file rooms.
(2)An employment petition can be submitted in behalf of anyone if the underlying job offer meets the basic legal requirements. The problem will be getting your green card if the I-140 is successful.
(3)In order to adjust status in the United States on the basis of an I-140, you must have entered the country legally and have NOT violated your status (including working unlawfully) for more than 180 days. Since you were here since 1994, this is an almost improbability.
(4)Because you cannot adjust here, you must go abroad to receive your visa. But you may be subject to the readmission bar upon departure from the United States. The period is three years if you have been out of status for 180 days, ten years if more than one year. The only exception to this rule is a determination by the INS that during the period in question, you had a "bona fide" application for asylum pending AND that you did not work without INS permission.
(5)How strong is your asylum application? You can write the INS to request an interview if you think you will get an approval.
(6)The best course of action for you is to consult a capable immigration attorney.
Does it mean that I have to leave the country and reenter in order to file I-140?
Hi Gilbert and everybody,
I have been in the US already for 1.5 years. On my 2nd month (so, the 180 days is not my case) I filed asylum and was waiting just from that time for interview. Everytime I walked in INS office or sent status request form the referred to backlog or to the computer which schedules interviews based on random selection. It means that someone who filed a week ago could be scheduled for interview tomorrow (and I now many and many such cases)while others unfortunated, could wait years as my case. The INS\'s unfair system exposes its ineffectiveness everywhere and everycase. My question is what is the request letter did you mention above about schedule? Is it officially accepted or just a simple letter on plain paper? Is there any form so named interview scheduling reques?
The other question as I mentioned in my previous post is I-140. If an employer interested in me can he file I-140 on behalf of me in my situation. As you know I can\'t leave the country going back to my country and reenter US in with H1 or in order to file I-140. I\'m requesting asylum and can\'t go back to jeopordize my life.
Is it possible to file I-140 not leaving the US? I have already SSN and EAD and I never worked illegally in the US and never violated any stay limit.
Please, if anybody knows how to accelerate the process of scheduling for interview post a message. Their automatic random selection is based on mathematic (theory of probabilities). It means that persons fate is bound to mathematic formula and if there a mistake in that formula made by smart program developer a one could wait all his life for interview. The scheduling system doesn\'t recognize historic factor and could give advance to anyone who filed yesterday and keep away another who was waiting years.
It is just voice of despair
Thanks,
Hi Gilbert and everybody,
I have been in the US already for 1.5 years. On my 2nd month (so, the 180 days is not my case) I filed asylum and was waiting just from that time for interview. Everytime I walked in INS office or sent status request form the referred to backlog or to the computer which schedules interviews based on random selection. It means that someone who filed a week ago could be scheduled for interview tomorrow (and I now many and many such cases)while others unfortunated, could wait years as my case. The INS\'s unfair system exposes its ineffectiveness everywhere and everycase. My question is what is the request letter did you mention above about schedule? Is it officially accepted or just a simple letter on plain paper? Is there any form so named interview scheduling reques?
The other question as I mentioned in my previous post is I-140. If an employer interested in me can he file I-140 on behalf of me in my situation. As you know I can\'t leave the country going back to my country and reenter US in with H1 or in order to file I-140. I\'m requesting asylum and can\'t go back to jeopordize my life.
Is it possible to file I-140 not leaving the US? I have already SSN and EAD and I never worked illegally in the US and never violated any stay limit.
Please, if anybody knows how to accelerate the process of scheduling for interview post a message. Their automatic random selection is based on mathematic (theory of probabilities). It means that persons fate is bound to mathematic formula and if there a mistake in that formula made by smart program developer a one could wait all his life for interview. The scheduling system doesn\'t recognize historic factor and could give advance to anyone who filed yesterday and keep away another who was waiting years.
It is just voice of despair
Thanks,
sorry to say this but
if u applyed for asylum u dont have status ...unless ur asylum is aproved till then ur out of status ..which bars u from applying any
immigration benefits but
under section 245(i) u can applay for green card
for that u need to be illegal on dec 21 2000 which ur already
and you should be present in US on that day
and you should apply for your labour certification by april 2001
if you applyed for labour before april 2001 u can go for it else
u have to wait till next 245 sectiosn is passed by congressmen
in any case i sujest apply for ur labour an get ur 140 approved
by then they might extend the dates for 245
if u applyed for asylum u dont have status ...unless ur asylum is aproved till then ur out of status ..which bars u from applying any
immigration benefits but
under section 245(i) u can applay for green card
for that u need to be illegal on dec 21 2000 which ur already
and you should be present in US on that day
and you should apply for your labour certification by april 2001
if you applyed for labour before april 2001 u can go for it else
u have to wait till next 245 sectiosn is passed by congressmen
in any case i sujest apply for ur labour an get ur 140 approved
by then they might extend the dates for 245