H-1B stamping after expressing asylum intent and B-1/2 denial

I am a Non US Citizen/Perm Resident Physician with US residency training (completed on H-1B in 2004) and American Board Certification currently living in home country. I had to ask the US embassy in my home country by writing a letter in October 2010 about procedure for getting political asylum due to persecution I was facing. They replied asylum application is possible only for those present in US. Then six months ago I found a job in the US and applied for B-1 for job interview 3 months after I asked about asylum. I was refused because I had asked about asylum eventhough I was no longer facing persecution and was not interested in asylum any longer. Now my US employer wants to sponsor me for H-1 but needs to know if H-1 can again be refused by the embassy visa officer because I expressed interest in asylum last year? My employer wants to make sure I will not be denied H-1B stamping because he will pay for petition expenses and attorney fees. Please let me know. Thanks.

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Phil's picture

Effect of Form Communications with Embassy on New Applications

This is an interesting question. It does not surprise me that you were denied a visitors visa after inquiring about asylum. However, it is very difficult to obtain visitors visas to the U.S. in normal cases in many countries so I don't think we can say for sure that you wouldn't have been denied but for the asylum inquiry.

More specifically to your inquiry, I don't think that the previous asylum inquiry will have the same impact (if any impact) on an application for an H1B at the U.S. Embassy or consulate. H1Bs are very different and the issues and concerns that the consular officials consider are totally different than in the case of a visitors visa.

I can't assure you that your H1B application would be approved but I can tell you with some confidence that I doubt that the previous asylum inquiry will have an impact on a future application. I guess I should also say that it is possible that your submission of the asylum inquiry could have triggered some grounds of inadmissibility that would affect your H1B case but this seems unlikely and I couldn't say for sure without review the documents.

I think in the end this is just one issue that would need to be considered in determining whether you qualify for an H1B in the first place. There are a lot of other requirements you must meet before you even get a chance to apply for an H1B visa at the consulate.

If you and your employer would like to discuss retaining me for a consultation to determine whether or not we can obtain an H1B please email me and I will quote you a fee.

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