Can I apply for GC based on employment

J

joekat

Registered Users (C)
I am new to this forum and found a lot of valuable information here. By read previous posts, I am astonished that it takes so long for asylee to get GC. My husband is asylee and I have relative asylee status. We just submitted I485 last month. It seems that we will wait forever if there is no law to lift the 10K cap. My company has the possibility to sponsor employee¡¯s GC application. My question is whether we can fill I-485 again based on my employment. Does that cause our previous filling of I-485 based on my husband¡¯s asylee invalid? If I apply GC through company, what is the difference from applying through H-1b? If you have any personal experience in the same situation, would you please share with me?
Thank you very much for all of you to make this forum a valuable resource of immigration issues.
 
Asylees can and do apply thru the employment route. The H1B stage is not relevant. Asylees can submit the labor certification or I-140 paperwork. Before doing that, they should think about how they are getting their immigrant visas since they probably are not able to use their home consulates.
 
If I appy for GC base on Employment after I submit I-480 which base on Asylum status, is it necessary to cancel asylum based I480?Will Employment based I480 affect the qualification of applying asylum based GC?If employment based I485 is rejected,is it possible to reapply asylum based GC?or is it possoble to apply both kind of I485s synchronously?
Thanx for expert's answer:)
 
Kevin,

My understanding is that you can have both I-485s pending at the same time. If and when one of the applications gets approved (most likely the EB), you can then ask the INS to withdraw the other one. The two are independent processes and do not affect each other.

Before you do start the process, I would suggest you make sure that you can get your immigrant visa. I know a few people who wasted money in legal fees before realizing that they could neither adjust here nor go to consular processing. Please avoid that.
 
Gilbert

Thanks Gilbert! Can you get me some details about getting an immigrant visa? I have no idea about this. What kind of options I may have?
 
I am interested in this topic too. Could Gilbert explain "make sure that you can get your immigrant visa" for us. And I could not think of any reason that one could not adjust here in US. Help me to understand this. Thank you very much.
 
adjustment

What I mean is that in order to file an I-485 as an EB immigrant, two requirements must be met. First, the person must have entered the U.S. legally. Second, the person cannot have been out of status for more than 180 days. Many asylees just do not meet those standards and their EB 485s cannot be approved.
If that is the case, then the remaining option is use a consulate. But asylees generally cannot go back to their home countries. So they will have to convince a consulate in another country to process them (that could take a while). Moreover, if the asylees have been illegal in the United States for more than 180 days since 1997, they can fall under the provisions that will not allow them to reenter the US for up to ten years.
 
Re: adjustment

Originally posted by Gilbert
What I mean is that in order to file an I-485 as an EB immigrant, two requirements must be met. First, the person must have entered the U.S. legally. Second, the person cannot have been out of status for more than 180 days. Many asylees just do not meet those standards and their EB 485s cannot be approved.
If that is the case, then the remaining option is use a consulate. But asylees generally cannot go back to their home countries. So they will have to convince a consulate in another country to process them (that could take a while). Moreover, if the asylees have been illegal in the United States for more than 180 days since 1997, they can fall under the provisions that will not allow them to reenter the US for up to ten years.
Click to expand...

does granted asylum included in out of status?
actually i'm a I-730 beneficiary and i'll apply for ASYLUM BASED I485 next year, can i apply for EB GC after i turn in the application of AB GC maybe 2or 3 years?
dont know...kinda miserable..:(

If employment based I485 is rejected,is it possible to back to asylum based GC processing?
 
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