Question on 150 day pending period before being eligible for a temporary EAD.

hellofromku

Registered Users (C)
Hi, all!

First of all, thank you so much for your priceless advice on the problems that I have encountered during my application for Asylum. I am currently an F1- international student graduating in December with my second Master's in Science, and have had two very successful job interviews in the past two weeks. Both seem to have leaned towards my working for them as soon as possible. I therefore hope that you wouldnot mind my asking a couple of questions on the eligibility for a temporary EAD when the asylum is pending:

1) About the word "pending", does it mean any time before I receive the final decision on my asylum application? I am asking this because I received a notice of intent to deny in late August and sent my rebuttal letter in early September, but have yet to receive a final decision letter on my case. Does the receipt of the intent to deny automatically "close" the pending period or my case indeed is still pending because a final decision has not been reached yet?

2) There is a ten day period between my receipt of the notice of intent to deny and the Asylum office's receipt of my rebuttal. Should these ten days be counted into the pending time or not?

Here is my application timeline, just in case that you would need it for accurate assessment.

April 23rd, Complete application receipt confirmation from USCIS,

First interview scheduled for May 15th, but have had to reschedule due to extraordinary circumstances

July 10th, Asylum interview completed at Los Angeles Office

August 27th, Notice of intent to deny sent out to me.

Sept 6th, USPS Confirmation of Asylum rebuttal receipt by Los Angeles Office.


Like I mentioned in the beginning, I am currently on a valid F1 student visa status and have applied for graduation in December. I am also in the process of applying for an EAD from optical practical training, but it may not be approved until February next year. I also have a Social Security Card( which unfortunately is not valid for employment). I have been on F1 status since I came to the U.S. and was never out of status.

Surely, any other strategy that you would like to alert me to so that I could provide with the company employment eligiblity documents in November would be highly appreciated.

Thank you so much!
 
The court system has a internal clock system by which they determine how many days have passed for a particular case.

How it works is when you go for your intial hearing your clock starts and during your case if you request for additional time to gather evidence or the DA requests additional time then the clock stops. Now the kicker is if during your proceeding if 150 days have passed the you can go ahead apply for EAD if not then you will have to wait until you get the decision.

What you will need to do is check with the asylum office where you had filed your application.
 
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