OPT Application while on Pending Asylum EAD on hand

jhallu

Registered Users (C)
#1
I have a pending Asylum and EAD through the same. I am currently in F1 status, graduating in May. Thinking to apply for OPT in April. Will Asylum affect OPT privilege as I already own an EAD. Does anyone have any experience about this?
I want to apply for OPT so that I can apply for H1b later... But not sure if USCIS will approve opt when I already possess work permit(expires on July)...anyone have similar experiences? Please share.... Any ideas welcome.
thnx
 

bine

New Member
#3
OPT while asylum based EAD

HI guys.
I have the same situation, i wish someone could advise us whether to apply for opt or not...Please post anything what u have found out.

Thanks
 

bine

New Member
#4
Answer from lawyer

Hi guys...here is the answers that i got from my lawyer through email..

"Immigration will not allow you to hold two EADs at one time. If you apply through your school/employer for the OPT, it will cancel out the asylum EAD, but you don’t lose the opportunity to renew the asylum EAD in the future until (and if) USCIS denies the asylum application. Just make sure that whoever helps you with the OPT paperwork is aware of the current EAD. If OPT is an option for you, you should pursue it so as to not close off any opportunities for the future."

HOpe it helps...please post anything tht u got.
 

jhallu

Registered Users (C)
#5
I decided to apply for OPT and it got approved. bine is right. The OPT from asylum was cancelled and received OPT with Student restrictions. Thanks
 

bine

New Member
#6
Good for you jhallu. Now am on EAD based on asylum, and planning to apply to opt EAd..now am sure they will cancel the old one and give me the Opt ead with restrictions just like you.
For how long its been pending your asylum case?
 

lota2013

Active Member
#7
Hello all. If you do not mind, it will helpful for all us if you write down the timeline of your application in the signature (on the account setting) so we can quickly have an idea of what's going on.
 
#8
After i graduated from university i applied fro asylum within my 3 month opt period to look for job. Its been a year now i am able to get a job in a different state and they are willing to sponsor me.
Can i now apply for H1B?
What should i do to transfer my case to different state?

Can anyone help me???
 

bine

New Member
#9
Sharma- If i were you i will really consult lawyer. If not i will go ahead and apply for H1B. Whichever comes first H1B or Asylum approved will allow you to stay legally in the country, since OPT has lots of hackle attached to it, ...
 
#10
Hi All, I came to the US on F-1 VISA. (I am still on valid F-1 VISA). I have applied for the asylum, and got the EAD card based on my asylum case.
I never used the asylum-EAD card for work, and it is already expired.
I will be graduating by the end of April 2018, and I was wondering if I could apply and get approved for the EAD-OPT (optional practical training) card, as I am planning to maintain my valid non-immigrant status.
Thanks
 
#11
Hi All, I came to the US on F-1 VISA. (I am still on valid F-1 VISA). I have applied for the asylum, and got the EAD card based on my asylum case.
I never used the asylum-EAD card for work, and it is already expired.
I will be graduating by the end of April 2018, and I was wondering if I could apply and get approved for the EAD-OPT (optional practical training) card, as I am planning to maintain my valid non-immigrant status.
Thanks
Yes you can apply for your OPT EAD card, it should be approved because you have maintained your F-1 status. If you are graduatingin April you need to apply for it soon because it can take up to 90 days for you to get it.
 
#14
Do you guys know anyone who is working using the asylum EAD for professional work? I got a job with this company who is willing to sponsor me but I only have the asylum EAD and they told me they couldn't wait me until my OPT is processed so I am just wondering if you have any situation like this.
 
#15
Do you guys know anyone who is working using the asylum EAD for professional work? I got a job with this company who is willing to sponsor me but I only have the asylum EAD and they told me they couldn't wait me until my OPT is processed so I am just wondering if you have any situation like this.
Hi Babadez1234,
Your asylum EAD suffices for you to work. It will depend on your HR department at this Employers if they are versed in immigration. There should be any trouble for you to work in any way even doing professional work. If you have not gone for the asylum interview, then you can have them sponsor you. If you have already gone for the asylum interview and not yet done with the one year after your interview, you can just wait it out and file for your green card. Either way, you are in a very very good situation.
 

Pira

New Member
#16
Hello Guys,

I applied for asylum 2 years ago and got EAD through it, which i m using for working. But i m still paying as F1, and keeping it active. The thing is i m graduating soon but got confuse for applying OPT. Has anyone recently applied for OPT while used EAD from asylum being F1 at the same time.

Will there be problem, or not. Thanks
 

tinaina

Active Member
#17
Hello Guys,

I applied for asylum 2 years ago and got EAD through it, which i m using for working. But i m still paying as F1, and keeping it active. The thing is i m graduating soon but got confuse for applying OPT. Has anyone recently applied for OPT while used EAD from asylum being F1 at the same time.

Will there be problem, or not. Thanks
You are not F1 status anymore if you have used your asylum EAD card. You are asylum pending status and lost your F1 status.

Therefore, you cannot get OpT EAD based on f1
 
#18
You are not F1 status anymore if you have used your asylum EAD card. You are asylum pending status and lost your F1 status.

Therefore, you cannot get OpT EAD based on f1
I used my Asylum EAD for work while maintaining my F-1 status, and I was still able to apply for and get my OPT after I graduated.
 

7of9

Active Member
#19
Correct. F1 Status clearly says you cannot work 20+ hours per week. But you are doing it with your asylum EAD. Technically, your F1 is no longer valid...this will come to light if you leave the country and try to return, even if your F1 visa is still valid. This is only for working...you can't get an F1 based OPT EAD.

What about your legal status as a student? You are technically still in good standing...your F1 student visa is valid...for continuing to educate yourself. There is no law that says that when you are in legal status with visa A you can't apply to change your status to visa B. As long as you continue to go to school (without leaving the country), your school will continue to issue the I-20 to SERVIS every new school term...as long as your school administrators do not find out that you are working 20+ hours per week during the school year. If they find out, they are legality required to terminate your F1 status on the spot. Technically you are out of status already as an F1 student by violating your visa conditions.

Do not apply for the OPT EAD...USCIS will find out that you had a prior or current EAD. Even if that is the case, they could still issue you with an OPT based EAD, as long as you are eligible. The assumption is that USCIS won't know that you used the asylum EAD to work 20+ hours/week, in violation of your F1 student status. IRS won't share your tax returns (hours worked!) with USCIS in the future showing the same. This is a loophole.

If you are going to apply for citizenship at some point, make sure that the years you violated your F1 student status are not part of 'statutory period' they will ask to review the returns for.

Pratically, I would stick with your asylum EAD, as it has more flexibility.
 

7of9

Active Member
#20
I used my Asylum EAD for work while maintaining my F-1 status, and I was still able to apply for and get my OPT after I graduated.
As my message above says, what you did is technically ok, as long as nobody finds out...if you were working 20+ hrs/week. F1 student visa conditions are explicit. However, if you used your asylum EAD to work less/equal to 20 hrs a week, continued to go to school full time, etc, then you were legally ok. You cease to be in status the moment you violate your F1 visa conditions.
 
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