Waiting Asylum decision
- Thread starter LadyLee
- Start date
Check this image, especially the sentence that is highlighted in yellow. If yours says "currently stopped" it is approval. If it says"currently running" it may be recommend approval or referral to court
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Asyle1983.
Active Member
Send a screenshot of your online account we can determine if its approval or referral.
tinaina
Active Member
As long as you maintain your status and working in your opt card not asylum EAD card nothing is wrong with getting h1b.
Asylum seeker 7
Member
hi guys i had my interview in chicago asylum office now its been 390 there is no news from them what can i do ? i sent two inquiries but still the same still pending do you think i should travel to chicgo and go in person there? i called them but still the same answers
tinaina
Active Member
Are you in valid status?
Asylum seeker 7
Member
i was in f1 when i applied but in the begin of this year its expired so i dont know
Asylum seeker 7
Member
its depends on the decision if its approval so its be or its not you will send to the court
I asked an attorney this very question today. She said as long as you have maintained your student status, the company can sponsor you for H1b because H1b is dual intent (both immigrant and non-immigrant), USCIS won’t reject because of prior asylum petition that shows immigration intent. The computer cannot nominate you for H1b if you are working under an asylum based EAD.
There is a 30% chance of winning the H1b visa lottery. If you end up not being elected and this is your final year of OPT, I strongly suggest you find a post-doc position if you already have a phd degree. Working for a non-profit institution like a university allows to apply for the cap-exempt H1b visa. Basically, it is exempt from the lottery, there are no quota limitations and your supervisor can request it for you any time during the year (unlike the non-cap-exempt h1b which is distributed among the applicants only once a year). I know that it would take 3-4 months to be issued.
Thanks! I got my MFA and I'm on my STEM opt and have 2 more years to apply for H1b or O1 (mostly) but my company insists to apply for the work visa asap cuz they have heard about HR1044 and S386 so they want me to stay on my opt EAD in order to apply for EB CAT later through O.
Yes. You should win the lottery either this year or next year. If you get the h1b and the I-140 that employer applies for you is approved by USCIS, you can then renew and extend your h1b visa for however long it might take fir your green card to be issued. This means even if HR1044 is ratified, you’ll be safe because you can renew your work visa for 10-15 years. There is one possible danger though. My lawyer told me that she had an asylum applicant who was on h1b while asylum pending and she switched companies and the new employer’s evidence for proving that the individual’s masters degree is related to the job was not enough to convince USCIS to extend the h1b visa. The person ended up falling out of h1 status and is currently working under asylum EAD waiting to be interviewed.
At all cost, do NOT use your asylum EAD. Stay on legal status
Exactly! I'll def stay on my opt EAD till I get my decision. The bad thing about HR 1044 I'll be stuck here for 10-15 yrs with H1b which is absolutely nuts!
Asyle1983.
Active Member
Hi all, I need your thoughts on this....
I contacted my congressman to intervene in my case. a few weeks back we got a reply from the Chicago office that my asylum application is pending security background checks. Today, we got an update from the asylum office stating “your application is in the final stages of processing, however, the dependent (his wife) must appear for fingerprint verification in Cleveland”. Have anyone of you had this kind of situation before? and do you think this is a positive sign that we will get a reply soon? I heard that when they request for second fingerprint its a good sign and we can get a reply after the second fingerprint has been submitted.
Thanks for your usual support.
I contacted my congressman to intervene in my case. a few weeks back we got a reply from the Chicago office that my asylum application is pending security background checks. Today, we got an update from the asylum office stating “your application is in the final stages of processing, however, the dependent (his wife) must appear for fingerprint verification in Cleveland”. Have anyone of you had this kind of situation before? and do you think this is a positive sign that we will get a reply soon? I heard that when they request for second fingerprint its a good sign and we can get a reply after the second fingerprint has been submitted.
Thanks for your usual support.
This is actually an interesting topic, H1b through a non profit university. Can a faculty member only apply fora student with a PhD degree or is it ok with MS too?
no university would hire a person as a post doctoral fellow. However, if you get hired as lab technician or something like that in a university (not a PhD student) you can ask your supervisor to apply for you. They'd have to pay 2500$ so they may not agree unless your on the verge exhausting your OPT.
