Filing Asylum in OPT status after 6 years

[downtown_lites]

hi everyone! i have been to US for almost 6.5 years now. i came in F1 status and i recently graduated(Bachelors) and i am in OPT. my OPT is valid till august 2013. i have never went back home since i came to US because the situation was not good. So, i decided of applying for asylum because i don't want to go back.

Now, I don't know how long it's going to take for the whole process so in order to remain in status i was thinking of applying for H1B as well just in case things don't go right. (i.e. if i get denied for asylum). If i applied for asylum now, can i still apply for H1B coming April 2013? How will it affect my H1B application? What are the chances that my asylum gets approved? Could you please share your experience or advice or suggestions.

Thanks in advance.

 

[wonderkid]

If you apply for asylum while in status as you have mentioned, it will affect nothing if you get denied they will simply send whats called a NOID(Notice if intent to deny) after which you can file a rebuttal in 16 days if you wish, basically explaining why the decision should have been positive or you add evidence. Your H1b application will not be affected, however its important to note that the asylum denial will go to your record and any officer making future considerations of you immigration applications will definately be able to see that you gave asylum a try.

 

[ihaide21]

Asylum and OPT

Thank you for the question because I am in exactly the same situation. I am currently on OPT which expires this July (2013), and since I just got a job last week and if I stay with it, I can extend the OPT for additional 18 months.

My question is, being an OPT, will that pose an obstacle towards getting asylum since I am already on a status in the U.S. Also my biggest worry is, since I came to U.S. on J-1 visa in 2007 as an exchange student, and I am under J1 policy that I have to stay in my home country (Pakistan) for two years. But the conditions there are horrible so I decided to seek asylum and I will be contacting the lawyers this week. What do you guys think?

Thank you