F1 with Pending Asylum, PERM


305realtor

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My wife and I entered the US on Jan 2013 when still not married, with separate F1 visas each. Then got legally married on Nov 2013 in Florida.

On Dec 2013, I applied for Asylum and included her, my status is still "Pending for interview" as of Feb 2017. We've never left the US again, and have only worked when with valid Employment Authorization by USCIS, which we have renewed always timely and without problems.

Her employer (big IT firm) now is doing a PERM for her.

Since we are Pending Asylum, we fear leaving the US for the final Consular Process to be done in an Embassy. 

Are we out of status? Is the F1 status extended during the pending asylum? have we made a violation? do we need/ can use 245i? 245k? 245j?

Thanks,

 

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