As a pending asylum applicant, I have EAD, which I am using to work in a company. Can my company sponsor me for my H1B although my OPT Period expired couple months ago?

On EB2 category they can apply for your GC directly.

But your AOS will have to happen through counslor processing , not throuh USCIS . In this case you will have to leave country , which is risky (unless you are still in status)

On EB2 category, it requires to have min of 5 years experience on that field, which i dont have. I only have 1 year of experience.

My current status (pending asylum applicant) won't let me leave the country. Is It impossible to do AOS here?

If you filed asylum when you are in status and are still in status , you can do AOS here. If you are out of status, except in the case of marrying us citizen ( in this case you can do AOS in front of immigration judge) , you have to go for Counslor processing outside US. At that moment of time, it can be done in any other country then Nepal. But risk remains, what if they deny your GC through employment, you wont be able to appeal it since it is Counsler processing and you wont be able to come back to US. You will lose the credibility in asylum case too. I am in the same boat so i have done research.

And this sucks big time.

Thank you Cybro
I feel you broda. I guess the only option now is to pray Pashupatinath to expedite our asylum case.

Guys,

I am in the similar boat. Any suggestion would be appreciated. I did my Bachelor's..started working in IT company...applied H1B twice...didn't go through lottery both times. I am working in CPT now and it's more than 6 months that I have applied for Asylum..its pending. I haven't yet applied for EAD through Asylum(which I am eligible now). I am planning to work on CPT and my employer is again applying for H1B this time through CPT. What happens if I get H1B this time? Do I have to go through consular section as well? Any suggestions/advice in this tough situation would be appreciated.

If they asked me to go to consular section for H1b, can I deny and apply for EAD though asylum?

Thanks,
JAIPASHUPATINATH

just a small question....h1b bhako manche ko asylum approve huncha ki hunnna ?.

Counselor processing is only required if you are out of status, if in status asylum application will not have any effect in h1b.

hey cybro and others, do u think it is okay to try for H1B this year while waiting for asylum date. I did some research, and it says there will be no negative consequences to asylum interview due to H1b status. or vice versa.. I am also thinking not to apply for Asylum EAD since i can apply for stem extension. what is your take on this ?