dear reders,
My son whose OPT will expire soon has a pending petition I-730 (Derivative Asylee).He stays in status upto two months after expiry date of OPT.
Now in case he does not get the decision on his petition even after the expiry of the two months period what will be his status then?
In other words, if a petition is pending does it keep the status legal or otherwise?

Thanks

Yes, he will remain in legal status while his petition is pending.

Are you sure! mpodcsin?

Thank u Mpodcsin.

I appreciate ur reply. Can u please give some reference of USCIS/ anyother agency's rule in this regard. My son has to show it to his employer.

Thanks again.

I am positive. As a matter of fact it doesn't matter what status he is in when applying for Asylum.

"Asylum may be granted to people who are arriving in or already physically present in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally."

Here is the link on info about asylum:

http://www.uscis.gov/graphics/services/asylum/faq.htm#howapply

"If your child or spouse is already in the United States, they may be eligible for settlement as a refugee, regardless of whether they are in the country legally or illegally."


Here is the link about Derivative Refugee Status:

http://www.uscis.gov/graphics/howdoi/derref.htm

I hope it answers your question.

Hi mpodcsin,

Thank u again. The links are realy informative. I indeed appreciate ur help.

GOD bless u

You are welcome!

GOD bless you too!

And good luck!