Q: Was interviewed in 2019 for asylum but no answer yet. Can i file for H1B visa? My Husband is the primary applicant.
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A: My response would be NO. The H-1B visa demands non-immigrant intentions, indicating an intention to return to your home country after the period spent working. Filing for asylum, or being a derivative of an asylum application with a request to never return to your home country, conflicts with this intention and the fundamental requirement.
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If you were interviewed for asylum in 2019 and are still awaiting a decision, you can still consider applying for an H1B visa. The H1B is a separate immigration process focused on employment in specialized fields. However, applying for an H1B visa while your asylum case is pending can be complex and might affect your asylum application.
Your status as a derivative asylum applicant, with your husband as the primary applicant, adds another layer to consider. Each immigration case is unique, and the intersection of asylum and H1B visa processes requires careful navigation.
It's crucial to consult with an immigration lawyer who can evaluate the specifics of your situation. They can provide guidance on how applying for an H1B visa could impact both your asylum case and your husband's application. Remember, maintaining a consistent and clear immigration record is important for any future immigration benefits.
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