OPT Application while on Pending Asylum EAD on hand

Hello everyone,
I have EAD card based on asylum and I presented to my university which that I allowed me to up to 28 hours per week “and the HR said to that will not affect your non-immigration status”. Now I applied for OPT in May, 2019 and it is still pending and My F1 VISA expired in August 01, 2019.
I am graduating this December 2019, the HR said to my can work using your EAD asylum based until you received your OPT EAD...
Could you please tell me what I should do? And if my non-immigrant visa still okay or not?
Thanks
 
Weeam said:
Hello everyone,
I have EAD card based on asylum and I presented to my university which that I allowed me to up to 28 hours per week “and the HR said to that will not affect your non-immigration status”. Now I applied for OPT in May, 2019 and it is still pending and My F1 VISA expired in August 01, 2019.
I am graduating this December 2019, the HR said to my can work using your EAD asylum based until you received your OPT EAD...
Could you please tell me what I should do? And if my non-immigrant visa still okay or not?
Thanks
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Your non immigrants status has gone the moment you use your asylum EAD card. You are not in status anymore.
 
Weeam said:
But the HR said I am okay and that will not invalidate my F1 visa
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Well HR is not your school international officer or your lawyer. They probably don't know of all the laws regarding this.
You can wait for your opt to come. It's interesting to me to know if it actually comes.
But as long as you use the asylum EAD, you practically gave up your student status and changed it to asylum pending.
Please let me know if your OPT actually came up.
Some people may say you even can't get your opt anymore.
 
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Weeam said:
1. Okay, if it comes that means everything is okay??
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It means that no one found out you are using your asylum EAD card. I have seen cases of people who applied for asylum. Use their asylum EAD card and still was able to obtain OPT.
However z if you want to get green card based on any other categories other than asylum, you will be treated in status of asylum pending not student anymore.
 
Weeam said:
2. Is there any way to fix this issue since the HR give me the wrong information!??
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No. You have already use your asylum EAD. The only problem will be once you want to get green card through employment.
It depends to th officer then to make a big deal out of it or to not care.
You are technically an asylum pending. And no longer student. But the only way for other to know that is to tell them you used your asylum EAD card.
Which in your green card application you should mention it.
 
One
tinaina said:
It means that no one found out you are using your asylum EAD card. I have seen cases of people who applied for asylum. Use their asylum EAD card and still was able to obtain OPT.
However z if you want to get green card based on any other categories other than asylum, you will be treated in status of asylum pending not student anymore.
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One of the lawyers told me since I have OPT and good record of publication he can apply for EB2 NIW? Do you think that still possible??
 
Weeam said:
One

One of the lawyers told me since I have OPT and good record of publication he can apply for EB2 NIW? Do you think that still possible??
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It depends to the green card officer. Some officers don't adjust asylum pending to permanent residency, some officer do if you applied for asylum when you were in legal status.
 
Weeam said:
What if I withdraw my asylum?
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That doesn't help you. Again, if you use your asylum pending EAD card , you practically gave up your student status. If you withdraw your asylum application you don't have any status to stay in USA.
 
What I should do? can I go for EB2 NIW? Or not?
If they issue OPT EAD for me, do I have to tell them about my work using EAD asylum based?
Any advice please!
 
Weeam said:
Do you any advice for me?
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I am not in your shoe but I think you should not withdraw from asylum.
Wait for opt and there is a chance you can get it. But before using opt card I would consult some lawyers because if you are not student anymore, you opt is not the correct card to use for working legally.
Again, there is a chance they would give you niw green card based on officer since you applied for asylum when you were in status.
Talk to an asylum lawyer. Not eb2 lawyer, an asylum lawyer.
 
tinaina said:
Your non immigrants status has gone the moment you use your asylum EAD card. You are not in status anymore.
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I don’t think that is true. He still maintains his non immigrant status. To make sure, go to your DSO at your school and ask if your SEVIS is still active or terminated ? If not terminated, it means he still maintains his non immigrant status.
 
Asylum_S said:
I don’t think that is true. He still maintains his non immigrant status. To make sure, go to your DSO at your school and ask if your SEVIS is still active or terminated ? If not terminated, it means he still maintains his non immigrant status.
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What is your respond based on?
Where did you see someone with used EAD card will still be on f1 status?
As far as others specially asylum lawyers mentioned in their websites, once someone use their asylum EAD card they abondand their student status and only will be in asylum pending lawful present.
 
tinaina said:
What is your respond based on?
Where did you see someone with used EAD card will still be on f1 status?
As far as others specially asylum lawyers mentioned in their websites, once someone use their asylum EAD card they abondand their student status and only will be in asylum pending lawful present.
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It is like a theortical and practical perspective for the same case. How can anyone says you have no status since you used your EAD card based on asylum while his SEVIS number still not terminated?
 
tinaina said:
What is your respond based on?
Where did you see someone with used EAD card will still be on f1 status?
As far as others specially asylum lawyers mentioned in their websites, once someone use their asylum EAD card they abondand their student status and only will be in asylum pending lawful present.
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It is also like using OPT EAD card for doing Uber and Lyft. OPT EAD only valid for work related to your study. I know a lot of people do Uber and Lyft with OPT EAD and they are still considered students and a lot of them got H1B
 
Asylum_S said:
It is also like using OPT EAD card for doing Uber and Lyft. OPT EAD only valid for work related to your study. I know a lot of people do Uber and Lyft with OPT EAD and they are still considered students and a lot of them got H1B
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Your examples are based on people violating their status and don't get cought. If their DSO knew they are using their opt for Uber they would have get deported very quickly. SEVIS may not know that he is using his EAD card based asylum and consider he is in status. The problem is when he will be cought and he has to explain him using a opt card while he wasn't student anymore.
It's easy to not follow the law and be tricky to not get cought.
No matter how smart you try to be, it's not legal.
 
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