Work Auhorization on Asylum

aswn

New Member
I have applied for asylum status. I was in valid visa status until recently. I have sent my documents for reconsider and reopen about three weeks back. My employer says he is revoking my work status this week. 150 days have just passed after I applied for asylum. I do not know if my motion to reconsider/reopen will be granted. I cannot transfer my work visa immediately and I need work authorization immediately because I spent a lot of money legal representation and I was on unpaid leave for many months because of this asylum declaration/interview/rebuttal/reconsider etc etc.

The question I have is will I get authorization to work?
My lawyer recommends to find another employer but I cannot take risk of waiting for months because my financial condition is not good. My lawyer advices not to go for removal proceedings and instead try to go for other status such as student/tourist etc.

Pleased advise.
 
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Apply for it and see what happens. It is free for the first time if you have a pending asylum petition.
 
Will they consider my application as pending? Because USCIS already gave a decision on March 1 st week. I submitted my motion to reconsider in the first week of April. According to the asylum manual they do not give authorization once decision is given.
 
Will they consider my application as pending? Because USCIS already gave a decision on March 1 st week. I submitted my motion to reconsider in the first week of April. According to the asylum manual they do not give authorization once decision is given.

Your application is not pending anymore because they already made a decision. You have to wait for the motion to reconsider.

What do you mean by saying "your employer is revoking your work status"?

If your H1 visa still valid, then you can continue working for the same employer or find another employer to sponsor your.

If your H1 visa already expired, then ask the asylum office to refer you to a judge if your case is rejected.
Your EAD clock will start when you are placed in a removal proceedings.
 
Your application is not pending anymore because they already made a decision. You have to wait for the motion to reconsider.

What do you mean by saying "your employer is revoking your work status"?

If your H1 visa still valid, then you can continue working for the same employer or find another employer to sponsor your.

If your H1 visa already expired, then ask the asylum office to refer you to a judge if your case is rejected.
Your EAD clock will start when you are placed in a removal proceedings.

I applied for asylum during my transition period from F1 to H1B. It worked against my favor because of lot of time to prepare documentations, rebuttal and motion to reconsider. It took away complete 7 months of my time. My H1B started on Oct 2009. I was out of project by then. I could not get back into a project because I was spending my valuable time on my case and not on my job related stuff.

How can my H1 be valid if my employer has started revoking my visa. It was supposed to be valid until end of 2012. My employer has terminated my employment in Jan 2010 but has not revoked my visa. He waited until now and is now revoking my h1. So, I was without paycheck for many months.
 
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