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Work authorization for h1B holder married to asylee (married before asylum was granted).
Anonymous4 views3 answers
Hi.
I'm on h1B visa and my spouse was granted asylum. We married before asylum was granted, so we're thinking about filing an I-730 for me to change my status.
The question is - if I'm currently on h1B visa and I file form I-730 - will that cancel my h1B status. Basically will I be able to continue working for my current employee or no ?
Thanks.
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
You will become a derivative asylee by virtue of your spouse's asylee status and as such will be authorized to work, without needing an employer-specific work visa such as an H-1B.
Also, you and your spouse will be able to apply for permanent residence status (green card) exactly one year after the grant of asylee status.
Best wishes,
Giacomo
If your I-730 is approved, at the time it is approved, your H-1B will be cancelled out. However if your I-730 is approved you may continue to work for your employer if you wish to do so, but you just won't be working for the employer as an H1B employee any longer. However, if the I-730 is approved, you could work anywhere you wish so you could also switch to a new job if you wanted to do so. If you have further questions, contact an experienced immigration attorney to make sure you are taking the right actions.
