OPT Application while on Pending Asylum EAD on hand
- Thread starter jhallu
- Start date
tinaina
Active Member
I think you are fine to finish your school.
There is no reason why you can't continue your school.
But talk to some lawyers to be sure.
Maybe go to avvo.com and ask them this question.
Weeam
New Member
Is that means I can study in the USA with pending asylum?
tinaina
Active Member
[/QUOTE]
To my understanding yes. But ask around and make sure.
The bottom line is that the individual
I think that you can withdraw your asylum application. Submit documentation both to USCIS and your local asylum office. Abandoning or withdrawing an asylum application is allowed, just a one sentence stating that the future persecution threat is gone (...the drug lord was killed
, the one who was going to persecute you) is sufficient. In fact, you could just say that the country conditions have changed, therefore, I'm no longer eligible for asylum, and that should be enough. Do not abandon your 'pending asylum application, esp. if it ends up in the courts: If you just vanish, the judge has the authority to order you deported in absentia, you could be banned from entering the US for 10 years....even after you 'serve' the ten years, your old 'deportation order' will always haunt you. So...do it cleanly...submit the letter to USCIS and asylum office, quote old case number, 'surrender your asylum EAD, and get confirmation that your case has been dismssed: A big chunk of the 12 million undocumented immgrants in the US, are people with deportation orders filled without their knowledge because of different issues, including 'vanishing' from a pending asylum application that is then referred to the court, where the judge issues the deportation order.....good luck.
Thanks for asking these difficult questions. Helps us dig deeper.
I think that you can withdraw your asylum application. Submit documentation both to USCIS and your local asylum office. Abandoning or withdrawing an asylum application is allowed, just a one sentence stating that the future persecution threat is gone (...the drug lord was killed
, the one who was going to persecute you) is sufficient. In fact, you could just say that the country conditions have changed, therefore, I'm no longer eligible for asylum, and that should be enough. Do not abandon your 'pending asylum application, esp. if it ends up in the courts: If you just vanish, the judge has the authority to order you deported in absentia, you could be banned from entering the US for 10 years....even after you 'serve' the ten years, your old 'deportation order' will always haunt you. So...do it cleanly...submit the letter to USCIS and asylum office, quote old case number, 'surrender your asylum EAD, and get confirmation that your case has been dismssed: A big chunk of the 12 million undocumented immgrants in the US, are people with deportation orders filled without their knowledge because of different issues, including 'vanishing' from a pending asylum application that is then referred to the court, where the judge issues the deportation order.....good luck.To my understanding yes. But ask around and make sure.[/QUOTE]
Correct. Your servis record should be active, and clean. Do not leave the country until you graduate. They will find out about you asylum if you try to leave the country. Even if you have worked with the pending asylum EAD, you should technically be able to finish school in December.
Correct. Your servis record should be active, and clean. Do not leave the country until you graduate. They will find out about you asylum if you try to leave the country. Even if you have worked with the pending asylum EAD, you should technically be able to finish school in December.
Weeam
New Member
I will try to talk to HR since the said to me using your EAD asylum will not invalidate my F1 to see if they can remove it from their system since I did not use it. Because I worked only from 15 -20 hours per week which that okay for F1 visa. I hope they will understand my point and remove it.
I am really disappointed with their advice to me and that maybe example to other students DO NOT listen to HR go and ask lawyer before you do anything...
I am really disappointed with their advice to me and that maybe example to other students DO NOT listen to HR go and ask lawyer before you do anything...
Sm1smom
Super Moderator
But you already admitted using the asylum based EAD to work in your previous posts. Why are you now claiming you never used it to work? Don’t complicate your situation by lying to your HR or an immigration officer, that is the biggest mistake which you will regret. Stick to the truth. Regardless of how many hours/week you did, the fact still remains you were able to work based on the asylum EAD you had.
Weeam
New Member
I presented the EAD asylum based to them and yes they have it in the system. The EAD asylum based helps you to work more than 20 hours/ week which I didn’t do. Also, they were wrong when they said the EAD asylum based will not invalidate my status. So, they should be responsible for they said to me!
Since I didn’t officially use EAD asylum based, by working only less than 20 hours/ week which that allowed based on F1 visa they should be able to remove it from their system
Since I didn’t officially use EAD asylum based, by working only less than 20 hours/ week which that allowed based on F1 visa they should be able to remove it from their system
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Sm1smom
Super Moderator
Good luck with your line of reasoning in that case. You think USCIS cares about your claim of it’s someone else’s fault? Ever heard of the saying “ignorance of the law is not an excuse”?
By the way, is the work you did off campus and was it in alignment with your area of study? Did your DSO (Designated School Official) authorize the work before you started? It’s not as simple as not working beyond 20 hours/week. You need to stop grasping at straws, you are responsible for whatever situation you’re currently in, no one else!
Weeam
New Member
I work on campus only, I haven’t worked off campus before.
tinaina
Active Member
If you only work on campus and never more than 20 hours you never needed the EAD card.
But you have to make sure you are not getting paid with using that EAD card. If you are paid with that EAD card you technically used the card.
I think we have addressed the issue of not knowing here a couple of times. Under immigration law (or any other law here in the US), you won't be cleared of liability just because you didn't know! = ignorance about the law is NO defense. One example: going at 55 mph in a 35 mph zone...you can't say that don't give me a ticket because I didn't know the speed limit! So, USCIS doesn't care about what your HR told you or didn't tell you. It's immaterial. What they care about is that you worked with your pending asylum EAD, the end. Working using that EAD is legal, but it is illegal to use it when trying to maintain F1 Student status. Anyway, Good luck!
Weeam
New Member
Hi guys, new update!
I went to the HR department and they said even if I didn’t use the card (I didn’t work more than 20 hours/week) they cannot remove it from the system... Eventually, I lost the non-immigrant status!
Now, I have a job offer as post-doctor (researcher), can I get this job with pending asylum? Also, I found some answers on the websites they said I can obtain H1B visa abroad since I have a pending asylum?
https://www.avvo.com/legal-answers/while-my-asylum-application-is-pending--if-i-find--2417259.html
I went to the HR department and they said even if I didn’t use the card (I didn’t work more than 20 hours/week) they cannot remove it from the system... Eventually, I lost the non-immigrant status!
Now, I have a job offer as post-doctor (researcher), can I get this job with pending asylum? Also, I found some answers on the websites they said I can obtain H1B visa abroad since I have a pending asylum?
https://www.avvo.com/legal-answers/while-my-asylum-application-is-pending--if-i-find--2417259.html
The H1B for a postdoc fellow is not subject to the cap and they will give it to you any time during the year if you had status. You could easily get it without having to go abroad if you hadn't destroyed your student status by applying for that stupid asylum EAD. a couple of barriers:
- If you leave the US with a pending asylum case, they will cancel your asylum application and you will lose your EAD
- There is no guarantee that the US embassy will issue you an H1B abroad because you have shown immigration intent by applying for asylum
- They will definitely never give you a J-1 visa for doing post doc because it non-immigrant
If the embassy tells you that the H1B visa is ready for you to pick up, I suggest you say goodbye to your pending asylum, go abroad and pick up your visa and come back. This will put you back on status. You can re-apply for asylum once you come back to the US. You can apply for NIW later because you have status (unlike a pending asylum) and you have a good chance of getting a green card that way these days. I'm saying that based on comparing the trends of EB2 during Trump and Obama administrations. Trump's administration is trying to promote merit-based immigration (like EB2) and curtail family-based and asylum immigration, which makes a lot of sense to me personally. That's why getting your I-140 approved through EB2 has become much easier recently.
However, if the US embassy abroad tells you that you should go for an interview in order to get H1B, DO NOT fall for that. You will lose your asylum. There is no guarantee that they'd give you H1B. You have to go back to your home country. The US will never give you any type of non-immigrant visa. if this ends up to be the case, I recommend you quit the post doc position and find another job with your EAD. having a post doc experience on your resume is a huge red flag for a lot of non-academic employers. That is in case you are granted asylum later and want to find a job
Man, You really should have consulted with an attorney before you applied for that useless asylum EAD.
tinaina
Active Member
Applying for asylum EAD doesn't ruin f1 status. Using asylum EAD would out someone out if status.
As long as he wouldn't use the EAD he would hqv his f1 status.
If the USCIS doesn't approve his OPT, he'll be out of status.
He should wait for the OPT decision. The people at HR don't know anything about immigration
tinaina
Active Member
That is true. Using your opt card is invalid as you have already violated your student status .
If I were you I Put a question in avvo.com and ask some lawyers about your situation as well..
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