Posted by: Keshab Raj Seadie November 16, 2010
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Can one person apply for two application H1B and asylum at around same time ?
Well, H-1B visa comes under dual intent doctrine. You can have nonimmigrant H-1B visa and at the same time apply for immigrant visa and there is no conflict. So long as you are maintaining a valid nonimmigrant status through H-1B, I do not see any problem in filing a bonafide asylum case. However, if you are on F-1 and your Asylum gets denied, you could be in trouble since you no longer come under dual intent doctrine. In order for the Immigration to refer your case to the immigration court, you must be out of status or violation of your current status. Keep in mind being on F-1 and seeking asylum will result in violation of your non-immigrant status. Good Luck.
Well, H-1B visa comes under dual intent doctrine. You can have nonimmigrant H-1B visa and at the same time apply for immigrant visa and there is no conflict. So long as you are maintaining a valid nonimmigrant status through H-1B, I do not see any problem in filing a bonafide asylum case. However, if you are on F-1 and your Asylum gets denied, you could be in trouble since you no longer come under dual intent doctrine. In order for the Immigration to refer your case to the immigration court, you must be out of status or violation of your current status. Keep in mind being on F-1 and seeking asylum will result in violation of your non-immigrant status. Good Luck.