J-1/Asylum/H-1

T

Tanya09

Registered Users (C)
Dear all,

I am new to this forum and will greatly appreciate any help.

I have been on J-1 status in USA since 2004 but due to unfair circumstances I resigned from my residency progam on December 31, 2008. I had fear of persecution for returning to my home country and decided to seek for political asylum. I applied for asylum on January 29, 2009 (withing 30 days grace period) and took my asylum interview last week and currently waiting for decision.

I am also seeking J-1 hardship waiver based on my US citizen son. My attorny filed DS-3035 to department of state last month but form I-612 still need to be submitted to USCIS.

If I am granted asylum it will make my life much easy and I believe solve all my problems. If I am not granted asylum then I will try to get asylum from immigration court, and then from Board of Appeal and then from federal court. In case I am not granted asylum I will have to find other ways to stay in USA.

I have following questions.

(1) What is my legal status at this time.

(2) If I get J-1 hardship waiver several months from now, will I be eligible to obtaine H-1 based on research.

(3) If I will be eligible for H-1, will I be able to get H-1 while in USA (keeping in mind that my J-1 status expired on January 30, 2009 and my asylum is being processed/pending) OR will I have to go to Canada to get H-1 stamped.

(4) If I would have to go to Canada then what are the chances I will get H-1 (while keeping in mind my J-1 status expired any my asylum being processed).

I will greately appreciate response of any of the members on this forum.

Tanya
 
My home country is not Canada, rather I am a citizen of Pakistan.

I will appreciate any answers of my questions.

Tanya09
 
What does your last I-94 show, date and status wise?

Tanya09 said:
(1) What is my legal status at this time.

(2) If I get J-1 hardship waiver several months from now, will I be eligible to obtaine H-1 based on research.

(3) If I will be eligible for H-1, will I be able to get H-1 while in USA (keeping in mind that my J-1 status expired on January 30, 2009 and my asylum is being processed/pending) OR will I have to go to Canada to get H-1 stamped.

(4) If I would have to go to Canada then what are the chances I will get H-1 (while keeping in mind my J-1 status expired any my asylum being processed).
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My last I-94 says J-1 valid for Duration of Status.

But my residency contract was until December 31, 2008 and J-1 stays active with contract. Since I am not employed right now, therefore, not sure what is my status at this time.

Tanya09
 
Did you have a lawyer take care of your asylum bid? If so, what is his/her view on your chances based on your asylum basis.

Tanya09 said:
My last I-94 says J-1 valid for Duration of Status.

But my residency contract was until December 31, 2008 and J-1 stays active with contract. Since I am not employed right now, therefore, not sure what is my status at this time.

Tanya09
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Lawyer filed my asylum application, but she withdrew her presentation just two days before my interview date due to non-payment. I went ahead and took my interview by myself. Lawyer was not with me during interview.

As a matter of fact that lawyer is going to file lawsuit against me due to non-payment. I also hired the same lawyer to file my J-1 waiver. Since I got unemployed and did not have money to make subsequent payments or to pay to other lawyer. Therefore I decided to file my J-1 waiver by myself. Now she told me that this is illegal and she is going to file lawsuit against me.

It was jsut very non-professional and unethical attitude from her side. I am pretty stressed out due to all my situation. Dont know what to do and dont know what will happen.

Tanya09
 
Had you committed in writting to paying her for a certain amount for certain services? Was the non-payment for services already rendered or she was asking for money in advance? If for services already rendered, I really do not see anything unprofessional on her part for demanding her dues.


Tanya09 said:
It was jsut very non-professional and unethical attitude from her side. I am pretty stressed out due to all my situation. Dont know what to do and dont know what will happen.
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