El Paso, TX Immigration Law Firms & Lawyers

In order for you to reenter the U. S. with the H-1B approval, you are required to obtain an H-1B visa from an American consulate or embassy unless you are a Canadian national. The H-1B visa contemplates dual intent in the sense that you can be issued such visa even if you have immigrant intent so long as the consular officer believes that you will leave the U. S. at the time that your status expires if you have not yet been granted your permanent residence. Your chances at interview for an H-1B visa would likely be good as long as the consular officer did not believe that you committed misrepresentation in obtaining your initial visa to come to the States. If the interview fails, you can contest the determination either with the consular officer’s superiors, the Department of State, or U.S.C.I.S. dependent upon the circumstances of your case. As long as you are in legal status, you are allowed to work in this country without the need for visa stamping. A visa stamp only indicates the periods of time under which you can travel in and out of the country. The time that you are allowed to stay while you are here is governed by U.S.C.I.S. and is indicated on your H-1B approval with the I-94 attached to it. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is that it is possible. However, be aware that you must file your asylum application within one year of entering the U.S. or else you will be time barred. I strongly suggest that you contact an experienced immigration/ attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case, advise you of your options and, if possible, make sure that the necessary paperwork and documentation is presented so as not to delay the process.