How Can We Change Status From Asylum To H1

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kapoorinusa

Registered Users (C)
Hi Everyone This Is My First Post .is It Possibale To Change Status From Asylum To H1 Visa.friend Of Mine Has Granted Asylum 4 Months Ago.he Got His Ead,rtd,ss .but Now He Like To Change His Status To Diffrent Visa.due To All These Problems Going Back To Cop . Company Where He Works Ready To Help Him .so Is It Possibale To Do That .if Yes How We Can Do That .thanks For All Great Help On This Site .i Hope Some Of You Experts Will Be Able To Help Me.
 
I fail to see why someone wants to give up asylum status for a weak non immigrant visa.

Giving up one's asylum status does not alter the fact that the person applied for asylum in the past. The asylum appplication is an unalterable part of the person's immigration history.
 
kapoorinusa said:
Hi Everyone This Is My First Post .is It Possibale To Change Status From Asylum To H1 Visa.friend Of Mine Has Granted Asylum 4 Months Ago.he Got His Ead,rtd,ss .but Now He Like To Change His Status To Diffrent Visa.due To All These Problems Going Back To Cop . Company Where He Works Ready To Help Him .so Is It Possibale To Do That .if Yes How We Can Do That .thanks For All Great Help On This Site .i Hope Some Of You Experts Will Be Able To Help Me.
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I am too do not understand why he want to change to an H1 visa... It will take several years for an H1 to get his GC based on H.... it is a long process...

On the other hand, with asylum it will be less than two years to reach the GC.... so, why excatly you want to give up asylum? Is it because with H visa you can go back to your COP without any problem? well, if thats the main reason... let me tell you that you still an ex-asylee, it will be in your records, and frequent travels to your COP even if is for work will raise a huge red flag to immigration.

If going back to COP is not the reason... then... just keep your asylum... work in the company you like, enjoy the benefits of working for whoever and whenever... without being tied to 1 company only. And if your plans are to leave the US later... just never apply for a GC and leave the country whenever you feel like it... it is simple.

To cancel your asylum, I think you have to go back to your COP give up your asylum either in the consulate abroad or notify the CIS about your decision... and then apply for your H visa... hopefully youll get it.... unless the consulate abroad will suspect of fraud in you previous asylum...

Good luck....
 
That doesn't make sense at all..

Why would someone with Asylum granted want to step back to a non-immigrant visa ???

USCIS will know that the only possible reason is being able to go back to COP, so How will your friend explain to them that the fear of going back suddenly disappeared ??? They won't like that.

Besides, with asylum LPR is around the corner, and then citizenship only a few years away.

Tell yor friend to think it over...
 
thanks for your help .going back to cop is not the only reason . he need to get marry back in india where his girl friend is waiting .he is thinking it will be faster for him to call her over here after he gets marry to her .or how abt if they can meet somewhere else like hongkong or etc and get marry to her there .can he aply for his wife b4 he gets his green card.if he can how long it will take her to come here .thanks again for your help .
 
both of them are 29 yrs old already .we know how hrad is back in india in this age remain unmarrid .parents etc won't let that hapen .waiting for citizen will be another 5-6 yrs .there is no way if they marry somewhere outside of cop.can he file for I-730 refugee relative petition .i see that its not taking long to get your faimly here.i am not sure if this will work for him .thanks for help
 
My suggestion would be for your friend to get married to his fiancee/girlfriend and then apply for immigration to Canada.

Why do I say this? Well, how honest would one look if they turned the entire immigration system into a joke. That is what he would be doing if he suddenly "decided" not to be an asylee and withdraw his status. Applying for asylum and getting approved is no laughing matter.

I'm surprised at people who seem to just want want want and want some more. If you are truly an asylee, you'd be happy you got a home and are no longer persecuted. I'm married and I have an approved I-130 sitting in a drawer, waiting for a number to come up so I can sponser my wife. Either that or wait for my citizenship - whichever comes first. My point is, we are all suffering, but believe me - not nearly as much as I would be suffering (if I were still alive) if I were back "home".

So, if your friend is unhappy with his situation, I suggest he immigrates to Canada as a skilled worker - with his new bride and start a new life. Ofcourse, he probably won't do that because he wants to be in America and loves America. :cool:

If he manages to switch to H1 status - I guarantee you he will encounter issues with CIS. I can already picture how the PR interview will go and then the citizenship interview. A move like this would have fraud written all over it.
 
kapoorinusa said:
both of them are 29 yrs old already .we know how hrad is back in india in this age remain unmarrid .parents etc won't let that hapen .waiting for citizen will be another 5-6 yrs .there is no way if they marry somewhere outside of cop.can he file for I-730 refugee relative petition .i see that its not taking long to get your faimly here.i am not sure if this will work for him .thanks for help
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I-730 will not work. In order for a refugee relative petition to be approved, the marriage had to be BEFORE the approval of the asylum. If that wasnt the case then the I-730 will be rejected.
 
thanks for your help .can he aply for canda immigration while he is working in usa.how long it will take him .does he need to go to canada to aply .
 
kapoorinusa said:
thanks for your help .can he aply for canda immigration while he is working in usa.how long it will take him .does he need to go to canada to aply .
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He can apply while in the US, there are Canadian processing centres all over the US. It will take between 2,5- 3 years for the papers to be processed even if he is a skilled worker in the needed category (you can check that on their website). The way it is moving, he is more likely to have US GC faster than Canadian GC.
 
doctorn said:
He can apply while in the US, there are Canadian processing centres all over the US. It will take between 2,5- 3 years for the papers to be processed even if he is a skilled worker in the needed category (you can check that on their website). The way it is moving, he is more likely to have US GC faster than Canadian GC.
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doctorn,

Quoting 2.5 to 3 years for processing of Canadian landing is speculation. It might take up to 3 yeas, however, most individuals who apply from the USA complete processing within a year and a half. The key is to have ALL requested documents ready and completed - including the difficult background checks. The only location that accepts PR applications is the Canadian Consulate in Buffalo, NY.

Lets say your timeline is correct. Even with the person in question getting their Canadian PR status 3 years later - it is still going to be better for him than the US GC. Why? Because he will apply with his wife to Canada and both of them will be able to move together. Even after he gets his GC, he will not be able to bring his wife to the US - unless current law changes. The wait time for GC relative spousal petitions now takes up to 6 years from beginning to end.
 
LolaLi said:
doctorn,

Quoting 2.5 to 3 years for processing of Canadian landing is speculation. It might take up to 3 yeas, however, most individuals who apply from the USA complete processing within a year and a half. The key is to have ALL requested documents ready and completed - including the difficult background checks. The only location that accepts PR applications is the Canadian Consulate in Buffalo, NY.

Lets say your timeline is correct. Even with the person in question getting their Canadian PR status 3 years later - it is still going to be better for him than the US GC. Why? Because he will apply with his wife to Canada and both of them will be able to move together. Even after he gets his GC, he will not be able to bring his wife to the US - unless current law changes. The wait time for GC relative spousal petitions now takes up to 6 years from beginning to end.
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I am not recommending for him to go with either option. He can make dicision based on what he thinks is right for him. A just shared what I know about canadian processing as compared to american processing. And it does not take less than 2,5 years for the Canadian embassy to process the application in the skilled worker category. I applied for the Canadian skilled worker GC at the same time as I applied for my adjustment of status in the US, to broaden my options, plus, my spouse is a canadian resident. I had a high score rating - that determines how fast the documents are processed. Also I am a US- trained physician and can practice anywhere in the North America. Based on the high demand for my profession in Canada, my documents should have been processed faster. Meanwhile, I got my US GC approved 6 months before my canadian immigrant visa US processing took 2 years and canadian - 2,5 years. It took my spouse as long, may be even longer to get Canadian residence, applied in the US as well. Yes, it is true, center to which one sends their original application, is in Buffalo, but then the applications are assigned to many places in the US. Mine was processed and approved in New York, NY. My spouse's - in Detroit, MI. Hope this is helpful.
 
hi everyone thanks again for your help. now since he got his rtd and he don't have any np. how safe is it to going to out of usa like canada,uk,singapure etc.will he be asked lot of qustions when he return's to us.does he need visa's to go to these countries .ot its better to wait for gc.thanks
 
hi everyone thanks again for your help. now since he got his rtd and he don't have any np. how safe is it to going to out of usa like canada,uk,singapure etc.will he be asked lot of qustions when he return's to us.does he need visa's to go to these countries .or its better to wait for gc.thanks
 
kapoorinusa said:
hi everyone thanks again for your help. now since he got his rtd and he don't have any np. how safe is it to going to out of usa like canada,uk,singapure etc.will he be asked lot of qustions when he return's to us.does he need visa's to go to these countries .or its better to wait for gc.thanks
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He can travel anywhere (except his COP) on his RTD. He needs a visitor's visa to all countries while on RTD. I don't know what you mean by safety - going anywhere outside of US is not a problem as long as you have a valid visa; I found that most countries are very familiar with the US RTD. On the return back from abroad I was never asked anything in the US POE - may be it is luck. Oh, yes, when coming back from Canada (I usually drive there) they asked for my car registration, nothing more. In the US airports they just stamped my RTD in the inspection room and I was free to go. If he wants to travel abroad he can do it without much difficulties on RTD, no need to wait until GC.
 
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