Should I try Employment Based Visa instead?

[curious_member]

Guys,

here is the scoop. My company would sponsor me for an employment visa. My ND is 10/2004. Do you think it even makes sense to start employment based process or should I just stick to the current process?

Which one would go faster??? thank you in advance for all of your expertese/

 

[wantmygcnow]

You wont be adjusted. Remember you are an asylee and at some point you were illegal or got the visa but intended to immigrate(i.e claimed asylum). Asylee status gives you a pass on being illegal when you were about to file for asylum...GC through employment makes you not adjustable.

But hire a lawyer to make sure.

 

[curious_member]

not quite

Want,
thanks for pitching in your voice. It's actually not true. I stil do have legal status, and I do have a valid H1-B visa.

 

[wantmygcnow]

Want,
thanks for pitching in your voice. It's actually not true. I stil do have legal status, and I do have a valid H1-B visa.

You have H1-b and Asylee status? Hire a lawyer..

 

[windywd]

curious,

I also never became illegal and had H1B status until recently. I told my employer not to extend it because I am now legal to work.

I think before the cap removal and backlog elimination, it is probably taking the same amount of time. It takes my friend 3.5 years to get his employment-based GC, and for asylees, probably 4.5 years to get GC. But aslyee GC is backdated for one-year, so not too bad.

Now cap is removed and immigration is saying to reduce all the backlog, I really don't know. But my best guess is that you probably want to stay with your asylee adjustment. But if you have a concern of traveling back to your own country, then that is another issue....

Hope this is helpful.

 

[curious_member]

thanks windywd

thanks for the response. My attorney told me that GC for asylees is NOT backdated. It's only backdated for refugees.

Also, when you mentioned that it takes 3.5 years, that's probably under the old process and it's now only ~ 1 year under the new rules, what do you think?

 

[wantmygcnow]

thanks for the response. My attorney told me that GC for asylees is NOT backdated. It's only backdated for refugees.

Also, when you mentioned that it takes 3.5 years, that's probably under the old process and it's now only ~ 1 year under the new rules, what do you think?

YOur attorney is an idiot. You can apply as many I-485's as you want. You can apply for employment one and asylee one..the other one is abandoned when you dont reply...YOu should've applied for employment also since you can be adjusted....

 

[wy007]

2 is better than 1

 

[floyd]

thanks for the response. My attorney told me that GC for asylees is NOT backdated. It's only backdated for refugees.

Also, when you mentioned that it takes 3.5 years, that's probably under the old process and it's now only ~ 1 year under the new rules, what do you think?

Curious:
I am in a similar boat, and my first post to the forum was a very similar question.

Basically, I believe, and I have been told by two different lawyers, that you can concurrently apply. I also know one person who got approved with employment-based GC.

Seems like you are gainfully employed. Spend $300 and get a 30-minute consult with one of the better lawyers.

BTW, I am going ahead with concurrent application,

Good luck

F

 

[GotPR?]

Also, when you mentioned that it takes 3.5 years, that's probably under the old process and it's now only ~ 1 year under the new rules, what do you think?

It depends on your employment category. PERM was introduced to
get the LC process faster, but rest of processes, such as I140 & I485 are
the same. And remember no one really knows how fast it can do whole process
at this moment. And getting LC faster probably means you have more chance
of retrogression.. If retrogression happens to your category, you can easily waste a couple of months.

 

[Minsk]

thanks for the response. My attorney told me that GC for asylees is NOT backdated. It's only backdated for refugees.

Also, when you mentioned that it takes 3.5 years, that's probably under the old process and it's now only ~ 1 year under the new rules, what do you think?

Actually GC for asylees is backdated for one year. Another issue is that USCIS already has a record that u've obtained asylum and that's means u should be very careful when trying go back home. I wouldn't recommand u do that even if u get GC through employment.