Asylum EAD to H1B

[rajusuwal]

Hi Expert,

I am in Asylum pending status and working based on Asylum EAD and my employer submitted H1B and got picked up.

Now my employer need to submit for the further process to get H1B approve.

 

can they do that?

Can I get Approve H1B without leaving USA

Can you please suggest required documents to submit for approval ? Any help is highly appreciate.

 

Thanks,

Raju

[Zodiac System]

Your employer is associated with his company attorney.  He will guide you.  Good Luck.

[LeaveMessageH1B]

On 4/26/2021 at 1:28 PM, rajusuwal said:

Can you please suggest required documents to submit for approval ?

This is a question for your employer's attorney, he should have complete list of documents. 

On 4/26/2021 at 1:28 PM, rajusuwal said:

can they do that?

Can I get Approve H1B without leaving USA

- Asylum + H1b --> this really complicates basis of petition....H1b is non immigrant petition, where upon termination of employment applicant have - To go back to go back home...since you claimed an asylum, it may not be a case for you.

- Think of situation where just in case you need to go back to your home country or outside of US to get stamped. 

- Thorough asylum you will have GC then why file for H1B....whose idea was it ? what is the upside ?

[rajusuwal]

On 4/27/2021 at 3:49 PM, Leavemessageh1b said:

This is a question for your employer's attorney, he should have complete list of documents. 

- Asylum + H1b --> this really complicates basis of petition....H1b is non immigrant petition, where upon termination of employment applicant have - To go back to go back home...since you claimed an asylum, it may not be a case for you.

- Think of situation where just in case you need to go back to your home country or outside of US to get stamped. 

- Thorough asylum you will have GC then why file for H1B....whose idea was it ? what is the upside ?

Actually the idea about H1B is that I am working in IT profession and Asylum is running 4 years and no response from USCIS yet and not sure what will happen and when. I want to change my status to H1B and terminate Asylum without loosing work authorization. this is my Idea. and I am maintaining F2 status as well.  Is there any way or option to change my status to H1B without leaving USA as I am in Asylum I can not go my birth country to consulate processing for visa stamp.