Can I change status if my asylum case is denied to F-1 status by applying for OPT?

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Can I change status if my asylum case is denied to F-1 status by applying for OPT?

I have applied for asylum while I am on my F-1 visa status. I have still

maintained my F-1 status while my asylum case is pending. In the meantime I got a job offer. I have an EAD since my asylum case is pending but since I wanted to stay on my F-1 status while waiting for asylum decision, I was planning to apply for OPT. Would you think that would have any effect for my asylum case? A part from that can I process my OPT while I was working using my EAD that I already got through my asylum case?

Asked on October 23, 2018 under Immigration Law, South Dakota

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Applying for asylum may have an impact on your ability to get OPT since F-1 does not allow for immigrant intent and applying for asylum indicates your intention and desire to remain in the US indefinitely.  You should talk to the advisor in the international student advisor's office regarding your situation.


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