Lynnwood, WA asked in Immigration Law for Washington

Q: Can asylum case transfer to work visa(H-1B visa)?

I have an asylum case in the immigration court( my hearing date is in 2023), I'm wondering if I get hired from a company, can I transfer my case to an H-1B visa?

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3 Lawyer Answers
Samuil Buschkin
Samuil Buschkin
Answered
  • Immigration Law Lawyer
  • Ridgewood, NJ

A: The answer to that depends on how you entered the US before you sought asylum.

If you came in without a proper visa, that is entered the US without inspection, you will not be able to do that.

At the same time, if you entered the US with a visitor or a student visa and those are not expired, your employer may apply for your H1B1.

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: That is not possible to transfer a pending asylum case to an immigrant H1B visa because you’re most likely out of Status and only permitted to remain in the United States pending your asylum case in the Immigration Court.

Therefore, once your are out of status when you arrived on our visa and Visa in your visa expired you cannot bridge to H1B.

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: The facts seem a bit confusing in that it is your I-94 entry card expiration, not the visa stamp deadline that is important.

If you are in immigration court, then your I-94 expired and you cannot change status. You must consular process the H1b visa at your nation’s consulate or embassy, but only if the visa petition is timely filed and approved. The H1b visa lottery creates additional complications.

As a result, I strongly recommend an appointment or teleconference with a competent and experienced visa attorney before you take any further action.

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