User Question: I came to the U.S. using a J-1 program but resigned from my job and canβt maintain my status. I am now a pending asylee. If a company wants to sponsor me for an H-1B or EB-3, or if I marry a U.S. citizen, how would that work? What are my chances of changing my status?
Expert Answer: If you were subject to the J-1 two-year home residency requirement, you may need a waiver before adjusting status through marriage or employer sponsorship.
1. **H-1B or EB-3 Sponsorship**: If eligible for an H-1B or EB-3 visa, you would typically need to change status within the U.S. or process it through consular processing. However, if you were out of status before applying for asylum, you may face complications.
2. **Marriage to a U.S. Citizen**: If you marry a U.S. citizen, you can typically apply for adjustment of status (Form I-485). However, previous unlawful presence and the J-1 home residency requirement (if applicable) could affect your case. If you are in immigration court proceedings, you may need to terminate proceedings before adjusting status.
Consulting an immigration attorney is highly recommended to assess your options and potential obstacles.