I applied for asylum status and got rejected. I am currently on unexpired F1 visa. Could I apply on H1b visa ? and will my previous submission of asylum application affect H1b visa?
At this time, an employer can not file a FORM I-129H if the position is subject to the quota. However, if the job position that you are contemplating is cap exempt, then your prospective employer can file the FORM I-129H.
You may be able to adjust status to a cap exempt H-1B if you have maintained yourself in proper F-1 status.
A rejected asylum application should not necessarily prevent other, valid applications from being approved. However, before you give up on asylum, have you already appealed that decision? I suggest you meet with a local immigration attorney to discuss your best options at this point.
Alexander M. IvakhnenkoCriminal Defense AttorneyChicago, IL ·
You may seek a genuine H1B application initiated by a valid sponsor, provided the job offer is genuine and not intended to bootstrap your desire to stay in the United States under any pretext, given your prior procedural immigration history.