tinaina
Active Member
His SEvis number will be terminated if he will be honest with his DSO and say he has been using EAD card based asylum. He didn't mention he has told his international office.
OPT Application while on Pending Asylum EAD on hand
- Thread starter jhallu
- Start date
You’re right. However, my point is that some student is considered out of status only and only when his sevis is termniated. That is the point I am trying to explain.
Sm1smom
Super Moderator
Ask those people if they disclosed this violation to their school in the first place. They got away with a violation of their NIV status. It doesn’t mean what they did is right or that they were still in a legal valid status.
Sm1smom
Super Moderator
Technically speaking, they are out of status regardless of if terminated in SEVIS or not. What they’ve engaged in is fraudulent. This forum does not tolerate encouraging people to engage in fraudulent activities for the purpose of obtaining an immigration benefit.
Just a minute , you made me feel as If I am encouraging people to do this. I only mentioned the point of sevis status. I had my asylum ead less than a month and I’ve never used it and I am enrolling in school.
Add to my previous comment, my asylum attorney mentioned I can use the asylum EAD while I am a student. If you are a lawyer , I can provide you with my attorney and you can confirm.
Sm1smom
Super Moderator
You remain in F1 status for as long as you do not use the asylum based EAD card to work. Once you use an asylum based EAD card for employment, your status becomes asylum pending, and yes you can remain in school but you’re no longer in F1 status.
Sm1smom
Super Moderator
Of course you can use the asylum based EAD card to work while still in school, no one is saying that is not allowed. However, I suggest you go back and ask your lawyer what your status will be once you use that EAD to work.
You can also read what some lawyers on AVVO have to say about this by the way.
Those who applied for OPT in April 2019 are starting to get their approval these days. it's been taking over 4 months this year for USCIS to process OPT.
Your case is pretty messed up. The USCIS will probably won't issue you an OPT EAD because you already have a valid EAD from asylum. This means that you have fallen out of status. Any employment based GC category, including NIW, requires a change of status. Since have no status, you cannot apply for EB2. In addition to that, no company can sponsor you for H1B or green card either. On the other hand, there is a chance that USCIS will invalidate your asylum EAD and would give grant your OPT. It's all to the discretion of officer.
Why the FFFFF I see so many people on this forum who apply for asylum EAD while they are still students? Do you even have the time to work off-campus while your a full-time PhD or reseracher?!! Wht would you need an EAD for then?
My advice is to waste no time and start looking for jobs with your asylum EAD and wait to see what happens in Sep to your OPT. Another thing to consider is that a lot of companies may not be willing to hire an individual with a pending asylum EAD, for the same reasons that they are not keen on employing international students with OPT. Simply because there is no guarantee that they could stay permanently in the US and training personnel is costly for them. Look for lower paying jobs and wait on your asylum decision.
When did you apply for asylum? When was your interview? If it was before 2018, it might take a couple of years
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I have to say you're making this up. One of the requirements of getting H1B is that your employer proves:
1) You academic degree is relevant to your current job
2) They are paying a "prevailing wage" meaning that your salary is above the average that they'd pay to an American employee. For every county and category in the US, there is a specific minimum salary for international students. For example, in my specific county in the state of IL, for a software developer with a PhD degree, the minimum annual salary MUST be equal or greater than 72K $.
If somebody works for the Uber/Lyft,
1) it is not related to the major
2) They'll making way less than the minimum salary
My lawyer said she had a client with with a ending asylum case. She applied for the extension of her H1B after 3 years and USCIS did not approve it because her new employer could not prove that the job was related to her academic major.
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It is so sad to hear someone use a bad language like “ i have ........ making this up”. I am not a liar and please try to be educated about what to say and how and when it should be said.
tinaina
Active Member
I think @MJ_irani misunderstood you.
You were sayings you know someone who got a job in Uber with opt and then later on he got another high qualify job with higher salary and get H1B without problem.
Or were you saying someone got H1B for a job that is a taxi driver working with Uber?
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I understood that someone worked as a Uber/lyft with opt, they later changed jobs and applied for hb1
Thanks for your response. I don’t think he misunderstood me. My words were so clear. I said I know couple of people who did Uber and Lyft using their OPT EAD and later on they got jobs that are related to their academic majors from which they obtained H1b.
Yes exactly that what I said and I believe it so clear to be understood from the first time.
A bird in hand always better than 10 on the tree. If you won the asylum it would be always better than going to h1b lottery and then Green card. Go both ways but if you got the asylum granted, then you’re fine. You can work for the company with no issues.
tinaina
Active Member
You can't return to your country that you seek asylum from and begin you h1B application from there.
You can withdraw your asylum and go to a third country to do that but that still will raise a lot of questions in why you have applied asylum and why you think you no longer need it.