F1 status and Use of Asylum based EAD

ps106

ps106

New Member
Hello everyone,

I applied for asylum back on 2017 and still waiting for interview. I have never received interview date either. However, I had Asylum based EAD’s on hand and used it once in 2019 for only 2 Weeks. I never got my W-2 either from that employer after my employment was terminated. I never used EAD after that.

I was on Associate degree program at that time and maintained my F1 (went to school full time) . I completed my Bachelor on 2021 and successfully received my OPT EAD card and worked for a year.

Now the question is: Which status am I holding when I have valid OPT EAD and I-20 for my new program. (Masters). This has been a really fraustating question for me and never got help with real answers. When I talked to my DSO - she says the only requirement for maintaining F-1 is to enroll full time. The school is not concerned with what other status you are holding.

I am trying to apply for EB-3 program now and I am unsure if I will have problem later with the adjustment of status. Please advise.
 
In my opinion, working outside of what is allowed by F1 would be a violation of F1 status, and failure to maintain status can affect eligibility for Adjustment of Status inside the US. However, employment-based categories can use INA 245(k), which means being out of status does not affect AOS as long as you haven't been out of status or working illegally for more than 180 days since your most recent admission. But I believe that once you violated your status, you continue to be in violation of status, unless you got F1 reinstated, or you leave the US. So that would be more than 180 days of being out of status. Leaving the US and re-entering would reset the 180 days for 245(k), but you probably can't re-enter on F1, given that you tried to seek asylum, and you are seeking to do AOS.
 
newacct said:
In my opinion, working outside of what is allowed by F1 would be a violation of F1 status, and failure to maintain status can affect eligibility for Adjustment of Status inside the US. However, employment-based categories can use INA 245(k), which means being out of status does not affect AOS as long as you haven't been out of status or working illegally for more than 180 days since your most recent admission. But I believe that once you violated your status, you continue to be in violation of status, unless you got F1 reinstated, or you leave the US. So that would be more than 180 days of being out of status. Leaving the US and re-entering would reset the 180 days for 245(k), but you probably can't re-enter on F1, given that you tried to seek asylum, and you are seeking to do AOs.
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which status am I holding right now in your opinion?
 
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