How is H1B status affected when filing for Asylum?

E

esthz25

Registered Users (C)
My wife is on H4 and I am in H1 B. My wife is applying for asylum on fear of persecution on returning to her home country. If I am to be included in the application how will my H1B status be affected.
Will I have to inform my employer that we are applying for assylum.?
Will I still be on H1B and be allowed to work legally on H1 B?
Do I have to stop my job?
Will I be allowed to work as an H1B if the application process is still on?

If the appliation is defferred to the immigration court, will I still be on H1B status?

Please advice me on these matters, if anyone has these experiences or if any of you know the answers.
 
See answers below. Few years ago, I applied for asylum when I was a H1B holder. I believe the rules remain the same. You should hire a good lawyer since you only have one shot.

Will I have to inform my employer that we are applying for assylum.? NO
Will I still be on H1B and be allowed to work legally on H1 B? YES. You are still on an H1B.
Do I have to stop my job? NO. You can continue working.
Will I be allowed to work as an H1B if the application process is still on? Yes. Same as above.
If the appliation is defferred to the immigration court, will I still be on H1B status? Your case will not be referred to the immigration court since you are having a legal status in the US (H1B in your case).


esthz25 said:
My wife is on H4 and I am in H1 B. My wife is applying for asylum on fear of persecution on returning to her home country. If I am to be included in the application how will my H1B status be affected.
Will I have to inform my employer that we are applying for assylum.? NO
Will I still be on H1B and be allowed to work legally on H1 B? YES. You are still on an H1B.
Do I have to stop my job? NO. You can continue working.
Will I be allowed to work as an H1B if the application process is still on? Yes. Same as above.

If the appliation is defferred to the immigration court, will I still be on H1B status? Your case will not be referred to the immigration court since you are having a legal status in the US (H1B in your case).

Please advice me on these matters, if anyone has these experiences or if any of you know the answers.
Click to expand...
 
Hi Tributeblinky,

Thanks for your insight. I spoke to a lawyer and she says that once my wife applies I will on Asylee Seeker Status and I have to stop working in H1B until I get the EAD after 150 days rule.
Also she says that if we are referred to the immigration court and If I want to go back to H1B I will have to go back to my country and get my visa stamped. I am finding this hard to beleive and thus is my hesitation for applying assylum.

Can you tell me what Status you were in. I want to confirm on all doors before we apply. Your insight to this is highly appreciated. Thank you buddy.
 
I agree with Thankful. You should find another lawyer to get a second advice.

esthz25 said:
Hi Tributeblinky,

Thanks for your insight. I spoke to a lawyer and she says that once my wife applies I will on Asylee Seeker Status and I have to stop working in H1B until I get the EAD after 150 days rule.
Also she says that if we are referred to the immigration court and If I want to go back to H1B I will have to go back to my country and get my visa stamped. I am finding this hard to beleive and thus is my hesitation for applying assylum.

Can you tell me what Status you were in. I want to confirm on all doors before we apply. Your insight to this is highly appreciated. Thank you buddy.
Click to expand...
 
I consulted various attorneys, seems status is not gonna be affected, but in case the asylum plea is denied, we are back on status. It is not gonna be referred to immigration court.
 
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