Is it possible to petition I485 thru labor process for asylee?

C

Colomb

Registered Users (C)
There is one quite confused question regarding petitio of I485 through H1 or other means.Recently one of my friend told me that his friend,an immigration lawyer,said that it's impossible for asylees to do so because they are already in immigration status if they filed the I485 petition.Anyhow,he said,it's possible for asylees who have not filed I485 seek other means to petition I485.Is it correct?

I think that if it's possbile for us to get the GC through other ways it'll be worthful even if spending thousands of dollars rather than waiting more than 10 years.
 
A number of points.

(1) H-1 visas have absolutely nothing to do with EB permanent residence.
(2) I understand—and actually agree with—the legal argument that asylees are ineligible for labor certification. But the U.S. Labor Department has been allowing such cases and a number of asylees have obtained EB LPR status.
(3) Before plunging into the process, double check your immigration history to make sure that you will be able to adjust status an as EB applicant or to find a consulate willing/able to process you.
(4) I personally do not think it is worth the trouble to do it. It takes a number of years, costs thousands of dollars in legal fee, has no guarantee of ultimate success, makes you unnecessarily beholden to an employer and severely restricts your job mobility. Most of us have had enough CIS bureaucracy. Why would you want to court more? You have reasonable freedom now and please do not lessen it.
(5) Also, if you are approved, you still cannot travel back to home country without making yourself liable to potential fraud accusations.
 
Thanks to Gilbert's advice and detailed explanation.This makes the issue much more clear to me now.I fully agree with Gilbert's idea as not to waste money and time.

Thank you again for your valuable proposal which always appears when we are in trouble.
 
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