San Francisco, CA asked in Immigration Law for California

Q: How can I get H1B stamp in my passport if I'm not allowed to go back to my country due to a pending asylum process?

stamp in my passport, the Change of status was approved (From an F-1 visa) and everything looks good. I'm also waiting for a decision on my Asylum application (immigrant visa). Waiting for the last interview.

The company that I work for requires some international travel and there is one trip scheduled for April this year, but I'm afraid I would have problems to re-enter the US if I decide to go.

The thing is, I was reading that I need to get the visa stamp at a US consulate, in my case in Brazil, but I'm afraid that I can't go back to Brazil for it because of my asylum process.

Would you please assist me in understanding this? Or recommend someone (maybe another immigration attorney) that can help me figure this out?

Thank you for your great help!

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

A: Leaving the United States with a pending asylum status will place that pending case in jeopardy. Also, even with an H1B visa the pending asylum case will trigger a dual immigrant intent. A foreign travel is not recommended.

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