msv5450
Active Member
I messaged one of the old members of this forum who applied for asylum EAD while he was a student (back in 2015), worked part time with the EAD, the EAD expired, he then applied for OPT and it was approved. He even got a second asylum EAD after the OPT expired. So, USCIS doesn't see working with asylum EAD as a violation of F-1 because OPT is also handled by USCIS.@nss2009 What is your basis for saying that it is okay for an F1 student to use an Asylum EAD to work? Requirements for F1 status are very clear, including how they treat working.
The requirement for keeping F-1 is to be "enrolled full-time" and not work off-campus without authorization. You'll maintain F-1 status as long as you meet these requirements every semester, except for summer which is okay if you are not registered full-time (9 credit coursework or equivalent). There are times that the school DSO issues work authorization for students pre-graduation, either through CPT or because of severe economic hardship, and it does not violate F-1
Asylum EAD makes the applicant authorized to work legally. I agree that it's a loophole and you won't find many elaborations of this online. There is a noticeable disagreement and ignorance among immigration attorneys on AVVO regarding this too because it is rare for a student to be authorized to work prior to adjustment of status.