H1b and Asylum

concern1900

Registered Users (C)
Hi,

I'm on H1 visa and was fired. I'm planning of applying for Asylum. In the pending Asylum process can I transfer my H1?

Thank you.

Concern1900
 
One needs to apply for asylum within a year of last entering the US. Now is this a genuine case of asylum or you are looking at this as a stop gap measure?
 
There has been new circumstances and my situation has changed in the last couple of months. If I get back I'll be arrested.
 
Just the fear of being arrested is not enough. You need to be in genuine fear of your life and/or persecution based on ethnicity, religion, membership of a political party, etc. Read up on asylum at the USCIS website. It will spell out the criteria they consider are worthy of asylum. Asylum cases need effort and money. Almost all need an attorney. So research it before you go ahead. Good luck!!!
 
Thank you. I have a letter from the Embassy that says that mil. authority have denied my appeal for extension of staying abroad. I have it in english as well. Does that help?

Thank you.
 
Let me get this straight. Your country of citizenship has denied your extension of staying abroad. First question, why do you need their permission to stay abroad? Did they fund your trip? Did they fund your education, and you in return needed to serve them? Do you need to complete mandatory military service? None of the examples I have listed will quality you for asylum. Unless you spell out the country and your exact circumstances, no one here will be able to guide/advise you.
 
These are the answers:
First question, why do you need their permission to stay abroad?
The military authority had declared me temporary unfit for military for 2 years and the last declaration was in 2004 when I came here. In the refusal letter they said that I have been illegaly abroad from 2006 but no-one ever contacted me or my parents who live at the address where I'm listed in.

Did they fund your trip?
No.

Did they fund your education, and you in return needed to serve them?
No.

Do you need to complete mandatory military service?
Yes or prove that I'm not fit for duty. I had a major surgery where I lost my gall bladder and have severe consequences for it.


Here's the complete situation:
I'm on H1 visa and my employer has terminated my position. I'm trying to start the transfer of my H1 to a new employer before the end date of my employment. My H1 is till 2010.

I was considering applying for asylum and would like to present to you my case and hear your honest opinions.

I have medical problems that prevented me to serve the military in my home country. Due to some circumstances, they have post-poned my medical exams for 2 years and each time, post-poned again after being insulted and humiliated on a different levels such as my physical shape, my intelligance etc. After the last post-ponedment I can to US and currently am on H1. My parents notified me that they were looking for me from the military and that I need to go to serve the army.

I tried to post-poned by asking the officials back home to post-pone my service until my H1 expires. I got denied which means that I will be arrested if I go back.

They have, on several ocasions, sent mp's to my parents house in the middle of the night harresing them and trying to locate me.

I have the denial letter from my Embassy, my medical results from the surgery.
 
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