My asylum case is currently pending. I had submitted new evidences on February after a NOID (Notice of Intent to Deny) was given. It has been almost 4 months as well. I am on OPT status after graduating from college. My OPT expires this July and in order to be in status I am planning to join grad school. Would I loose my status if I apply for work permit through pending asylum case? What kind of status would I be in once I have the work permit?
Generally speaking, a pending application for asylum does not effect your current status so long as you continue to comply with the requirements of that status. Thus, obtaining an asylum based EAD will not violate your F-1 student status so long as you continue to lawfully maintain F-1 student status (i.e stay in school, etc.). If you do not maintain status and you are not granted asylum, you will most likely be placed in removal proceedings as an alien present in the U.S. who has failed to maintain lawful nonimmigrant status. Consult with an experienced immigration attorney for advise specific to your situation.
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