Asylum and OPT

Z

zbignev

Registered Users (C)
Hi
I have a question regarding the OPT and Asylum case. I am an F-1 visa holder. Due to problems in home country I also applied for an asylum and already been interviewed. As of today I haven't recieved any answers about my case.
I am graduating this spring semester. This month I applied for OPT but haven't recieved my EAD card. Now since it has been already 150 days since I filed the documents I am eligible to apply for work permit. Can I apply for it without waiting for the answer regarding my OPT? Will there be any problem such as denial for the OPT, if I apply for work permit now based on Pending Asylum application? And if I apply for it do I have to pay a fee? (Since I already filed I-765 for an OPT) I have a reasons to believe that my OPT may be denied for some reasons. Thank you
 
You are eligible to file for an EAD with a pending asylum case provided your case clock is still running.

When you apply for asylum and submit a "properly filed application" with the INS your clock starts. Now for some reason you request more time to gather evidence or the interviers extends the date of the interview or has completed the interview your clock then stops.

What you need to find out is if the clock is still running or stopped on your case. If the clock is still running in the system and it says 150 days have passed then you can apply for the EAD or if the clock has stopped after 150 days you can still apply for EAD. If the clock was stopped before 150 days then you can't apply even if you do apply they will deny so you can give it a try if you want. You don't need to pay for your intial EAD.

I am not sure of the OPT maybe someone else can advise you on that.

Ed
 
Just to let you know, the OPT and EAD uses the same form I765. might have to find out whether you can apply for the same form with different intent.

Im in your shoes when I apply for asylum, but I didnt apply for opt, I applied for ead instead.
 
Eddie I am sure clock did not stop. Thank you for the advice.

Vinisterz, I am aware that they both use the same form and only difference is in article.

So my question was if I file second I 765 with different intent while the first is still pending, what USCIS may decide? (will they deny one of my applications or approve both)
And one more thing, I have been interviewed on December 7 in 2005 and still didn't get the results, does it take that long?
 
zbignev said:
Eddie I am sure clock did not stop. Thank you for the advice.

Vinisterz, I am aware that they both use the same form and only difference is in article.

So my question was if I file second I 765 with different intent while the first is still pending, what USCIS may decide? (will they deny one of my applications or approve both)
And one more thing, I have been interviewed on December 7 in 2005 and still didn't get the results, does it take that long?
Click to expand...

yah thats the issue, you might have to call them.

In my case, it takes about 2 weeks for them to send a reply. you should call them up or visit their office to find out why is it taking them that long.
 
Hey man thanks you most helpful, but still I guess my case is so unique that no one has experienced this kind of situation before. I will certainly call to Chicago office on Monday.
 
I found this thread relevant to my issue. I hope one of you might be able to help me with this since you guys already went through this.
I applied for asylum, and had an interview on July 29,2011. I haven't got any decisions till today. I'm graduating this december, and may be i can apply for OPT after that. My question is that should I apply for EAD through OPT or pending aslyum. Any help or suggestion is appreciated.
 
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