Slick Rock, CO Immigration Law Firms & Lawyers

Persons who have some type of legal status in a country other than the homeland of persecution would find it difficult to obtain asylum in the US. That is because no country wants to give an individual the choice of applying in that country when he or she could have applied in the first country. In your situation, you have a temporary residence card in Poland and unless circumstances exist such as your also having a fear of persecution in Poland, it is doubtful that you would have a successful case for asylum in this country. Other factors that could affect a decision could be whether Poland allows individuals to apply for political asylum and whether your status in Poland ended and you have no right to return to that country.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.  

It may be possible to transfer from a pending B2 application to H1B without leaving the US. The B2 application if not yet adjudicated by the time that the H1B petition is being adjudicated is looked upon as a “bridge” application. USCIS will look to see whether the bridge application is approvable. If so, it could favorably adjudicate the H1B transfer petition if that also looks approvable. In such case, it might be in your interest to withdraw the B2 application if USCIS did not act on it prior to making the favorable H1B adjudication. 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.

Under the circumstances that you describe, there is a good possibility that the company hired the employee without proper authorization. Organizations must comply with U.S.C.I.S.'s I-9 documentary requirements which separate documents into three categories. List A documents are those establishing both identity and employment authorization in the US and include US passports, green cards, and foreign passports with I-551 green card stamps. List B contains documents that establish identity such as driver's licenses or state identity cards. List B documents must be submitted in combination with documents on List C that establish work authorization such as unrestricted Social Security numbers, US Citizen identification cards, and employment authorization documents issued by DHS. You can ask your employee to supply at least one document from list B and C to satisfy the I-9 requirements.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.