QUESTION
I have H-1B visa untill 2019 so If I apply for Asylum will this effect my H-1B visa status. I mean will my H-1B visa be canceled or not?
Asked on Aug 06th, 2016 on Immigration - Texas
More details to this question:
I am leaving in the USA since 2012. I have M.S. degree in Math major from USA. After I graduated I started to work with OPT (OPT stands for Optional Practical Training, this allows F1 students to work on a full time basis for one year after they have completed their studies, in a field related to their major) last year. This year the company that I worked for applied for H-1B visa for me and it has been approved so I have got H-1B visa a few months ago. However, I want to apply for Asylum because if I will go to my country I have life-threatening condition due to political issues and my human race. That is why, it has been 2 years that I did not go to my country because of life-threatening condition. I am afraid if I will apply for Asylum and my H-1B visa will be canceled then I will have to go back to my country which it is going to be terrifying for me.
2 ANSWERS
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If you have a legal nonimmigrant status like H-1B, your applying for political asylum will not cancel the H-1B status. In applying for asylum while in status, you will only have one chance to prove your case for asylum. That will be at the local asylum office. If your case is denied, you will receive a notice of such action, but U.S.C.I.S. will take no steps to cancel your status or to put your case before an immigration court. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Sep 02nd, 2016 at 12:47 PM
Filing for asylum will not cancel your H-1B status so long as you maintained your status by working for the sponsoring employer. If you cease working for the sponsoring employer or otherwise start working with an EAD card issued to you because of your pending asylum application, you will fall out of status. You may remain in the country while your asylum application is pending. It is imperative you speak to an attorney before filing. There are a few issues you will face with your asylum application including your failure to file within a year of entry and your prior return. You can read more about asylum at http://myattorneyusa.com/asylum-and-refugee-protection.
Answered on Aug 08th, 2016 at 3:52 AM