OPT Application while on Pending Asylum EAD on hand

RadhaAB said:
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.
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Hello RadhaAB,

Would you mind sharing with us what was the result of your I-485 application? Did you get your green card? Thank you
 
Kindly advise me, I have an asylum EAD which I have never used. I want to apply for my OPT now, do I need to provide my A-number (alien number) and indicate that I have applied for 1-765 before? Because I don’t want any error that will terminate my F-1 status. Thank you
 
Joyyy said:
Kindly advise me, I have an asylum EAD which I have never used. I want to apply for my OPT now, do I need to provide my A-number (alien number) and indicate that I have applied for 1-765 before? Because I don’t want any error that will terminate my F-1 status. Thank you
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Any reason you want to keep F1 status also?
 
Joyyy said:
Kindly advise me, I have an asylum EAD which I have never used. I want to apply for my OPT now, do I need to provide my A-number (alien number) and indicate that I have applied for 1-765 before? Because I don’t want any error that will terminate my F-1 status. Thank you
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See previous posts in this thread.
 
Hello, I read all the answers, but actually I want to know exactly this:

I applied for asylum in March. I also have F1 status, meaning I am a student. My work permit is coming this month. I don't want to lose my status because I want to go to university in America. That's why I won't use my work permit. But I will go to a certificate program this month and it will last 1 year. If I apply for opt-in after 1 year and use opt-in, will there be a problem with my status or asylum? I want to save money for university. And I shouldn't lose my status. This is very important to me, can you help me?
 
john2018 said:
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.
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Any update on EB2 NIW situation from your side?
 
RustCohle said:
Hello, I read all the answers, but actually I want to know exactly this:

I applied for asylum in March. I also have F1 status, meaning I am a student. My work permit is coming this month. I don't want to lose my status because I want to go to university in America. That's why I won't use my work permit. But I will go to a certificate program this month and it will last 1 year. If I apply for opt-in after 1 year and use opt-in, will there be a problem with my status or asylum? I want to save money for university. And I shouldn't lose my status. This is very important to me, can you help me?
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hey I need double this. my situation is kinda similar with you. I'm in my first year of grad school, my program is 2 years but I got my visa last year and it was five years so I transfered from other school. I applied for asylum in march too, it's been pending and most likely will be years long, I'm thinking if i should apply for asylum EAD even use it later, cos I consider conflicts between OPT, CPT and my asylum EAD, also we have to be ready to take the worst result that our asylum will be deinied so I wonder if i can take both of chances, take H1B or asylum EAD first, either way. if there's people would like to hire me I will use H1b first, otherwise just use asylum EAD, i don't know, it is complicated.
 
RadhaAB said:
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.
Click to expand...
Hey any updates? Did you get i485 approved? How did you maintain F1 status before i140 and i485 filed?
 
leadfree said:
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..
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Any update? Did you get your i485 approved?
 
gedmil said:
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!
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How did you figure out? Did you provide the asylum EAD while applying for OPT? Will it cancel out?
 
Hi guys I applied asylum after 3 years of entering on F1, can you please share your timelines on F1 to asylum application it would much helpful.
Thank you
 
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