Found an issue on this page? Let us know and we will look into it as soon as possible.
Overstayed F1 due to USCIS's fault seeking employment authorization options
Anonymous5 views3 answers
As an F1 I applied for OPT but USCIS did not send me receipt, could not cash my check for god-knows-why and failed to notify me for several times, causing my overstay. Now my case was rejected, my grace period is passed, and I cannot reapply for OPT. I have overstayed for more than 2 weeks. I got an offer from a non-for-profit research organization that is qualified for H1B cap exempt. Should I find an immigration lawyer and fight with USCIS, or should I be better to have the organization sponsoring an H1B?
Since new H-1B's cannot be filed until April 1, 2016 for an October 1, 2016 start date, you need to depart the U.S. before you accrue over 179 days of unlawful presence, or you will be subject to a 3/10 year bar to re-entry. You can try to dispute the OPT issue with USCIS, however, if you lose, then you will have accrued far too much unlawful presence.
Aggie Rachel HoffmanImmigration AttorneyLos Angeles, CA ·
If the propsective employer has an experienced immigration lawyer, it may all work out, but you will need to present the lawyer with a records of your prior attempted filings to demonstrate that you had timely filed. As back up you may also want to consult with an experienced immigration attorney.
