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

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption