1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

About OPT

Discussion in 'Investment, Work Visa' started by ausamsam, Nov 30, 2007.

Thread Status:
Not open for further replies.
  1. ausamsam

    ausamsam Law Topic Starter New Member

    Messages:
    107
    Likes Received:
    0
    Trophy Points:
    0
    I am applying OPT before my master degree.
    I am just wondering what kind of visa I should be using if I need to travel out of country. if my F-1 was expired, (how) can I renew my visa with OPT?
     
  2. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    While on OPT it is a very bad idea to travel. Even if you want to travel, make sure you have an offer letter from a company here and a valid visa. If you don’t have a valid visa while on OPT, then I advice you not to go. Many students have had problems at POE s and some have being sent back. You can renew your student visa only out of the US.
     
  3. ausamsam

    ausamsam Law Topic Starter New Member

    Messages:
    107
    Likes Received:
    0
    Trophy Points:
    0
    so do i need to go back to my country to get my visa to be a H1 after OPT?
     
  4. ausamsam

    ausamsam Law Topic Starter New Member

    Messages:
    107
    Likes Received:
    0
    Trophy Points:
    0
    Is that right that H1 visa can only be continuous for 6 years or maybe 3 more years, then the employee has to go back to his/her own country if he/she cannot get a employment - green card?? Can someone just keep using working visa forever???
     
  5. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    You can keep renewing your H1B visa until your company or employer files for a GC.
     
  6. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    You would go to your any country which has a US embassy to renew it when it expires. so you just need to go out even for a day to get it done.
     
  7. ausamsam

    ausamsam Law Topic Starter New Member

    Messages:
    107
    Likes Received:
    0
    Trophy Points:
    0
    therefore i have to leave this country at least once to get the H1 visa after OPT.
    It is unbelievable hard to find a job that would sponsor for H1.
    If the company or school does not sponsor for H1 visa, does that mean I cannot get a job there?
     
  8. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    No you don't need to leave to go get an H1B approval. You can get it here without leaving and start working with it. You must leave only when it expires to renew it at a consulate.......
     
  9. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    Per your question……..PM
    If the company or school does not sponsor for H1 visa, does that mean I cannot get a job there?

    Most companies and schools sponsor for H1B visas. They just need to apply in time before your OPT expires. Once it is approved, you would just continue working uninterrupted. There are just so many companies and schools that you would definitely be lucky to find one which would want you enough to file for you. 80% of F-1 visas get converted to H1B visas.
     
  10. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    Point of correct from your post: Your six-year clock in H1B status is not reset unless you leave the United States for at least one year.

    Let me know if you have more questions on H1B or anything.......
     
  11. ausamsam

    ausamsam Law Topic Starter New Member

    Messages:
    107
    Likes Received:
    0
    Trophy Points:
    0
    so some people would actually stop working for a year and probably loss their jobs because of that?! :eek:
    this part of law is kinda weird. what is the point?? sorry about that.
     
  12. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    In most cases,...........70% of cases, your employer would file for a GC after three to four years on average. So no one really goes back. There are also certain waivers which apply in such cases........so don't worry about it.
     
  13. ausamsam

    ausamsam Law Topic Starter New Member

    Messages:
    107
    Likes Received:
    0
    Trophy Points:
    0
    Don't know how much a lawyer would handle for
    F-1?
    H1b?
    GC?
    like my case?
     
  14. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    If your company is filling for a green card for you, they in most cases pick up the tab. The price depends on what exactly the lawyer has to do. For example a waiver can run from 500$ to 1000$. H1b is done in almost all cases by the company. But if you had to pay it would be about 1000$. These are common prices out there..........But know some "top lawyers" charge more while others can charge a little less than these prices............
     
  15. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    About F-1 visas, I can't say.......why would you need a lawyer for one? The price would depend on what you are trying to achieve.......Tell me more...

    In your case, do you mean for a waiver if you need one? Or to contact the embassy if they deny based on offense? Clarify.......
     
  16. ausamsam

    ausamsam Law Topic Starter New Member

    Messages:
    107
    Likes Received:
    0
    Trophy Points:
    0
    About F-1.... I don't know I am just trying to save money for lawyer in case i need one so i need to price for all those. thanks for the numbers. i am ok. as i was told, i dont really need a waiver... right?

    mafioso, can you tell if mine is a CIMT if I give you a copy of the court paper? (of course without my personal information)
     
  17. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    I have told you many times you don't need a waiver since you were not convicted of anything which requires a waiver. You don't need a lawyer to get an F-1 visa. But you have to expect the type of delays expressed in your post.........that is common in some cases once you admit to an arrest if any.
     
  18. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    Per PM>..It is hard to tell if it is a CIMT. As I said there is no law which clearly defines all the list of all CIMT. Immigration can view anything which questions your moral judgment as a CIMT. Not even lawyers agree with their assessments most of the time. So, I can't say definitely. It is one of those things which sometimes boils down to the case officers view. The most important thing is even if it is not a CIMT, it meet the petty crime exception. Either way, it creates a record which can affect anyone in some counties, immigration and needs expunction. Its effect on you would not be different even if it is not a CIMT......It is still a crime which you have to expunge and live with. Immigration is well known for coming down on both sides with the same facts.
     
  19. ausamsam

    ausamsam Law Topic Starter New Member

    Messages:
    107
    Likes Received:
    0
    Trophy Points:
    0
    So let me summarize this:

    F-1: study very hard and apply the OPT during your last semester in school
    Question: has anyone been rejected for OPT? Or can they reject OPT application?

    OPT: Keep working like a normal person. ask the employer to help you get a H1b visa approved.
    Question: Do you have to go out to get H1 stamped on your passport after OPT? or you can just keep working until someday you want to travel out of US?

    H1: work for max 6 years. try to get GC at 3rd or 4th year. If cannot, have to get out for a year then come back again... repeated...

    GC: nothing to worry unless want to be citizens. should be ok....

    mafioso, please correct me if i have anything wrong :) i am learning
     
  20. mafioso

    mafioso New Member

    Messages:
    1,103
    Likes Received:
    3
    Trophy Points:
    0
    F-1: study very hard and apply the OPT during your last semester in school
    Question: has anyone been rejected for OPT? Or can they reject OPT application?
    It can be rejected but for the most part rejections are rare. I have seen a couple of students who were rejected because immigration somehow found out they were working illegal. But it is generally a formality and you don’t have to even go there to get it. Your international office would help you do it….

    OPT: Keep working like a normal person. Ask the employer to help you get an H1b visa approved.
    Question: Do you have to go out to get H1 stamped on your passport after OPT? Or you can just keep working until someday you want to travel out of US?
    You can just work until it needs renewal before you must go out to renew. You need to accept employment from companies planning to file for you…….You have to be smart and know all this during the interview process…..unless you are planning to go back to school after OPT expires.

    H1: work for max 6 years. Try to get GC at 3rd or 4th year. If cannot, have to get out for a year then come back again... repeated...
    You must get out for a year after your six years. There are a few exceptions but extremely hard meet. But if your company has filed for GC then you can stay while waiting.

    GC: nothing to worry unless wants to be citizens. Should be ok....
    Your offense would not stop you from becoming a citizen or from getting a GC. It meets the petty crime offense.
     

Share This Page

Thread Status:
Not open for further replies.