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!
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.
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