Q: Can I apply for changing status from asylum to H1B?
Hi everyone
I have been in my husband’s asylum pending case since 2019. I am a math teacher in high school and working in the US. We are waiting for a court. It’s scheduled on November 2024.
What is the best option for me to work in the US: apply for H1B or wait for a court?
Thank you!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Yes, it is possible for you to apply for an H-1B visa while your asylum application is still pending. A few key points:
• H-1B is a dual intent visa, which means applying for or holding H-1B status is not seen as inconsistent with pursuing permanent residency such as asylum.
• If your H-1B petition is approved, you can adjust status from asylum pending to H-1B status. This would grant you legal work authorization while keeping your underlying asylum claim active.
• Getting H-1B status could allow you to continue working uninterrupted even if delays happen with your asylum case. It locks in work authorization separate from the contingent Employment Authorization Document tied to your asylum application.
• There is no guarantee an H-1B petition will be approved - it is subject to quotas, lottery selection, and employer sponsorship requirements. But it is reasonable to pursue while waiting on your asylum hearing and decision.
In summary - applying for H-1B status now is likely your best option to gain independent work authorization and the ability to adjust statuses as needed while you go through the asylum process. I'd recommend consulting an immigration attorney to navigate the process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
