Expired F1 OPT

[acemachine]

Hi Guys,

My OPT ended mid Nov 2014. My H-1 was not picked in the lottery this year for the second time and I'm planning to go back to school for CPT.

1. Since I have stayed more than grace period, should I go out of the country and come back on a new i-20 and new sevis, or can i join school without leaving US?


2.If I have to leave the country and come back, is possible to go to canada/ mexico and come back with new i 94 card? Will the f-1 status be 'reset' and previous overstays be wiped off record when I get a new i94 card?

3. If I dont leave the country and apply for h-1 next year or if i find a cap exempt h-1 employer while working on CPT, can I file for change of status ? Will there be questions on overstay from Nov 2014-May 2015?

Any advise on this situation is greatly appreciated
Thanks

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[DesiOPT-FaceBook-Admin]

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[lisaanderson]

Hi Guys,

My OPT ended mid Nov 2014. My H-1 was not picked in the lottery this year for the second time and I'm planning to go back to school for CPT.

1. Since I have stayed more than grace period, should I go out of the country and come back on a new i-20 and new sevis, or can i join school without leaving US?


2.If I have to leave the country and come back, is possible to go to canada/ mexico and come back with new i 94 card? Will the f-1 status be 'reset' and previous overstays be wiped off record when I get a new i94 card?

3. If I dont leave the country and apply for h-1 next year or if i find a cap exempt h-1 employer while working on CPT, can I file for change of status ? Will there be questions on overstay from Nov 2014-May 2015?

Any advise on this situation is greatly appreciated
Thanks

1. You cannot joint a new school as you are out of status. You must leave, get a new visa, and return if the Consulate approves the application.
2. No, you need to get a new visa as you have fallen out of status.
3. You are not eligible for CPT or joining a new school. If you remain in the U.S., you cannot change status as you are out of status.

You should see an attorney.

[DesiOPT-FaceBook-Fan]

If you stay in US for more than 6 months illegally, I think you are banned for atleast 5 years or for life.. Best bet for you will be going to Mexico and coming back on a new i20 from a new Univ. Make sure you dont give your i94 at the border when you are leaving the country or they will update it and will know when your SEVIS expired and when you left US. That will be trouble.

[DesiOPT-FaceBook-Fan]

Regarding this why can't company apply for L1 Visa? I have not seen anyone talking about that option is it not aviable option?

[DesiOPT-FaceBook-Fan]

Regarding this why can't company apply for L1 Visa? I have not seen anyone talking about that option is it not aviable option?

^^ to apply for L1 u have to stay in offshore ( wherever it is) for 1 year to be eligible

[DesiOPT-FaceBook-Fan]

Regarding this why can't company apply for L1 Visa? I have not seen anyone talking about that option is it not aviable option?

Payroll should be there for 1 year outside US and then the company can apply for L1 to get into US but you can only work for that company and cannot transfer L1..

[DesiOPT-FaceBook-Fan]

For L1, employee must be associated with the employer for more than 1 year.

[DesiOPT-FaceBook-Fan]

I dont get this. Isnt it mandatory to give i 94 at the border. So when you come back, will you get a new i94 card with the most recent entry listed on it? Also F1 i 94 are marked D/S - Guess they dont accrue unlawful presence unless a formal determination is made.. Correct me if im wrong