Unauthorized Work on F1 Visa

Bankruptcy and Debt 3 views 1 answers
Hi, This is the situation. After my graduation, I received a work authorization through my Optional Practical Training (OPT). I worked in a local company related to my field of study and also got a second job in a company not related to my field because I was paid poorly. I continued working on my second job for about 1 month after my work authorization expired (5 months in total on second job). Then I enrolled at another University with new I 20. I worked at a local store for a couple of weeks and stopped. My question is; 1. Can I file an application for adjustment of status? 2. Do I have to leave the country and reenter? 3. Can I wait to disclose until I'm offered an H1b visa and until I'm filling out an h1b application? 4. Am I under the 180-day time period for reinstatement?

Attorney Answer

1
Kevin Dixler ·
More information is needed. There is quite a bit of confusion. This can take time for an experienced immigration to explain to your satisfaction. That is why an appointment or teleconference who will not strategically end your appointment is important. Often, an attorney who can discuss this needs to set aside enough time and this can affect the attorney's ability to work with other clients. Your decision to live and work without work authorization can have an impact. There were ways to eliminate that issue. It seems like you may have obtained a change of status/extension with a form I-539 without disclosing the unlawful employement, but this is unclear. Perhaps, you have options. The general responses are, as follows: 1. An adjustment of status is for those who have an immediately available visa. Are you married or have a approved I-140 for an immigrant employment visa? If not, then more information is needed, but usually not. However, a change of status is different. The unauthorized work after the OPT expiration creates challenges. This should be discussed in detail, since you may have other options that you are overlooking. 2. Perhaps, but it is unclear whether you will be allowed to enter. More information is needed. 3. There are other issues that can complicate your status, where your F-1 student visa is terminated with notice. 4. The 180 day period requires more than unlawful presence and usually applies to an immigrant employment visa. No 180 period is required for immediate relatives of U.S. Citizens. It is unclear if this is even an issue or whether it can be easily overcome. You really need to see a candid and experienced immigration attorney before things get more complicated. Those who are unaware of all of the pitfalls can be indefinitely or permanently barred from any and all visas to enter the U.S., again. The above is general information and does not create an attorney client relationship.
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