In May, 2012 I applied for asylum. After our interview in July,2012 we did NOT receive any decisions till April,2014 which is recommended Approval. In September, 2012 I changed my status from J1 to H1B through new employer. The employer applied for PERM on December 2013. I have Msc, and Phd So hopefully they can do it on EB2 category for Green-card. So, far we are waiting for the granted asylum letter (no one knows when it will arrive). My question is Should I proceed with my employer path to G.C OR wait for the granted asylum letter and apply after 1 year ? AND does both cases contradict each other? is there any danger of keeping both status ? Thanks for answering
At this time, you can keep your options open if you so desire by going forward with your EB-2 case along with keeping your H-1B status during the time that you have a recommended asylum approval. Once you obtain the asylum approval, you would likely have to continue working with the H-1B employer if you wish to continue pursuing the EB-2 immigration and have a later argument that you are still maintaining legal nonimmigrant status. A switch of employers without a further H1B approval could open up the thought that you violated your nonimmigrant status leaving you in a position of not being able to adjust status on the basis of an EB-2 approval. Your other path is of course waiting for the asylum approval and applying to adjust status to permanent residence one year thereafter. 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.
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