OPT Application while on Pending Asylum EAD on hand
- Thread starter jhallu
- Start date
summerqq90
New Member
so u have two ead now? one is asylum, another is opt? does not run out of status?
The have probably revoked your asylum EAD. No changes besides that
Weeam
New Member
How do you know I did that? I don’t know why all your comments are negative . “Being a decent person cost you 0 balance!”
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Weeam
New Member
Yes now I have two
Weeam
New Member
I think your situation is very unique and most people might not come cross these kinda cases and everyone here been talking based on facts, but you will never knew maybe they put an end for your asylum EAD and now you’re able to use your OPT EAD! Def consult with a reliable and experienced attorney and make sure to make your next steps thoughtfully. Sending good vibes your way.
Please keep us updated what your attorney suggests. I’m really hoping everything is going well so you can work with your OPT.
tinaina
Active Member
You may not violated your student status.
As student shouldn't work more than 20 hours and using EAD card based asylum they do and they lose their status but you didn't. You only worked 20 hours.
Let us know what happened when you talk to your DSO.
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Weeam
New Member
Hi Guys
The international office contacted more than an immigration attorney and the response was “no one can help me if my status in USCIS is going to be f1 or asylum EAD”. The attorney suggested that I should stop working until get my OPT card than start working based on it.
And they said we will find out about my status when I try to change my status to another visa, and then they can argue with USCIS that I didn’t use my EAD card asylum based since I followed the restrictions of F1 visa as I worked on campus only and less than 20 hours per week.
The international office contacted more than an immigration attorney and the response was “no one can help me if my status in USCIS is going to be f1 or asylum EAD”. The attorney suggested that I should stop working until get my OPT card than start working based on it.
And they said we will find out about my status when I try to change my status to another visa, and then they can argue with USCIS that I didn’t use my EAD card asylum based since I followed the restrictions of F1 visa as I worked on campus only and less than 20 hours per week.
Using asylum EAD is considered "authorized" work, and violating F1 specifically mentions having "unauthorized" work. To maintain F1 you should keep enrolled full time, and using EAD for work full time out campus will not violate your F1 if you kept full time enrollment in the same program listed on you I-20.
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Hi Weeam,
I am standing at the same spot where you were few months back. I worked with aslyum EAD full time after consulting to my aslyum lawyer while still on F1. I didn’t had any problem extending my classes, transferring my SEVIS to a different university or getting my OPT EAD after graduating.
At this point i have applied for adjustment of status through EB3. I got my i140 approved got a new EAD through the same process. Now i am waiting for the i485 interview. If the assumptions that USCIS hasn’t found out about my aslyum EAD is right then they will during my face to face interview.
I want to follow up with you what happened to your status. I read all the above comments and differences in logics. I contacted to my lawyer who at first place told me i could use the aslyum ead without hampering my F1 status is now giving me confusing responses. Like she doesn’t know what will happen to my status now.
It will be really helpful if you give your feedback.
msv5450
Active Member
Hey,
I have struggled with this matter too. To be honest, is that nobody knows the right answer. My lawyer didn't know how to answer this question and she asked other immigration lawyers and they also did not know.
It is up to the discretion of the USCIS officer to deem this as a violation or not. This only comes to the USCIS knowledge if:
1) you do change of status to another visa -> I-539
2) you do adjustment of status to GC -> I-485
The school DSO for SEVIS transfer and also OPT are not subject to this because you remain on F-1 status. You'll need to wait and see what happens.
When did you apply for asylum? Are you still waiting?
My husband (F2) is the main applicant for the asylum but we both got ead. There is no updates on aslyum case until now. So I applied for AOS through EB3. I filled all my work details while filling i140 which was approved by USCIS. I am so frustrated at this moment.
Thank your for your response
Thank your for your response
HoustonAssi
Active Member
What is your timeline
Could you update us?
I am applying for EB2 now. I am dependent on my wife asylum case and have an asylum ead based on her case that I did not use it . I decided to adjust my status to GC based on EB2 NIW even my wife case be approved meanwhile.
Nothing has changed in my case. Still waiting and looking for answers.
very frustrating. How many months did you file your i485? Did you include all of your family members in your application?
Hi guys, I have a similar situation and I am submitting OPT application, keeping my fingers crossed! I have few questions for those of you who got your OPT approved while on pending asylum application, your response is much appreciated.
1. Did you submit OPT i-765 application as "initial permission to accept employment" or "renewal of my permission ..."? In item 1 of I-765
2. Did you have to provide A-number in I-765 form? - In item 8 of I-765
3. Did you indicate you have applied to I-765? - In item 12 of I-765
I am confused if this applications should be addressed in general, or specific for OPT application. Thank you!
1. Did you submit OPT i-765 application as "initial permission to accept employment" or "renewal of my permission ..."? In item 1 of I-765
2. Did you have to provide A-number in I-765 form? - In item 8 of I-765
3. Did you indicate you have applied to I-765? - In item 12 of I-765
I am confused if this applications should be addressed in general, or specific for OPT application. Thank you!
Hi All, I am in a similar situation here. Applied for asylum and did biometrics in August 2016, haven't gotten my interview yet. Worked with asylum EAD full time off campus for more than 180 days while maintaining my SEVIS record. In Spring 2020 successfully received OPT EAD when having asylum EAD on hand. When filing OPT i-765 I explicitly stated that I have active asylum EAD. In the OPT EAD approval letter USCIS pointed out that my asylum EAD is no longer valid.
1. I chose "Initial permission to accept employment" as recommended by my school's DSO.
2. Yes, I provided my A-number.
3. Yes. I even attached copies of my asylum EADs. I section 3.d. I wrote that I have a valid asylum ead and I would like to switch to OPT to extend my valid status.
Then, I went back to school to get a graduate degree. I work through CPT now and I am to apply for OPT again in the coming Fall. I found an employer who is sponsoring my EB-2, currently in the stage of getting PERM certified.
@RadhaAB I am in the same boat, once PERM is approved I will have to file i-140 and state all my previous employment. Then during i-485 interview I will have to state that I had worked through my asylum EAD for longer than 180 days. This may or may not bar me from getting i-485 approved (see "INA 245(k)"). Nobody knows...
Best of luck..
1. I chose "Initial permission to accept employment" as recommended by my school's DSO.
2. Yes, I provided my A-number.
3. Yes. I even attached copies of my asylum EADs. I section 3.d. I wrote that I have a valid asylum ead and I would like to switch to OPT to extend my valid status.
Then, I went back to school to get a graduate degree. I work through CPT now and I am to apply for OPT again in the coming Fall. I found an employer who is sponsoring my EB-2, currently in the stage of getting PERM certified.
@RadhaAB I am in the same boat, once PERM is approved I will have to file i-140 and state all my previous employment. Then during i-485 interview I will have to state that I had worked through my asylum EAD for longer than 180 days. This may or may not bar me from getting i-485 approved (see "INA 245(k)"). Nobody knows...
Best of luck..