Hi,

I am holding H1B visa and currently working legally but I am seeking to file Asylum, I-589 since the situation on Human rights in my back home is getting very worse and I have high risk for imprisonment and torture because of my political beliefs and activities.

On the other hand, my wife holds H1B and her employer is filing PERM for her green-card application. She has no political threat.

Question 1:
My question is – if I file I-589, how would that effect on my wife green-card process? If I am granted asylum, my wife will automatically change asylum status from her H1B and her green-card process will end or I have option to include or exclude asking asylum status for my wife on my asylum application?

Question 2:
Once my wife reaches I-485 step and let's say I am granted asylum status, can I file together for adjust of status along with her I-485 to get green card?

Question 3:
In case, I don't apply asylum or my case is denied (let's say I am still in H1B), what if my H1 six years term is expired before my wife green card process completed? Can I change H4 status, which depends on my wife's H1B? Some say maxium 6 yrs limit is counted all H status, either H1B or H4. If so, I am already finished 6 yrs, so what should I do?

I tried to research on USCIS website, but there is no clear information. It states that “You may ask to have your spouse and/or any children who are under the age of 21 and unmarried included in your asylum decision.”

Could you please kindly response back to me as soon as possible?

Thanks!
08/09/2009

No one answered yet? Please help me..