F Visa

Working after studying

After studying a 1 year graduate course in the US. Would I qualify for a work permit? Or would I still have to find an employer to sponsor me first before I could apply for the work permit?

There are several different kinds of work authorizations like OPT, CPT, etc. Contact your International Students Office.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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F1 Visa Expired on OPT

I got a 2 year visa for my Masters and my Visa was expired on May 31st 2009, I converted to OPT from June 1st, 2009. I am on OPT and I do have a job now. I got an emergency now to go to India. Is it possible for me to reenter United States.

You will need to get the visa stamping done again.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Social Security Card -- F-1 visa

I currently have both an B1/B2 and F1 visa. I got into a graduate program at a university in Teaneck, New Jersey. What are the possibilities of getting a job off campus and would i be able to get a social security card..? What are the issues i have to deal with in such cases?

You need to discuss your options with your International Students Office. Ask them also about curricular practical training, where you are allowed to work for credits.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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F-1 working off-campus

I have a small query that F-1 student are allowed to work on-campus(20 hr) and for off-campus they need work permit but if they solve quetsions over internet and get paid by someone outside US then is it legal? or does it require any permit? In other words if some student (F1) provide support to some company outside USA (over internet) and get paid is it legal?

I do not believe there is any law that specifically addresses this issue, but I believe all work done on US soil is likely to be considered illegal.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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F1 and starting a business

I was just wondering what the laws say about an F-1 student working for the company that he co-founded when he's on OPT. Suppose that I start up a new business while I'm still a full time student, I can't draw a salary from it but I maintain ownership, in part or whole. When I'm done with school, and approved for my OPT, can I work at my company and draw a salary from it then?

As far as I know, theoretically, you could be working for yourself on OPT as long as your work is related to your area of study. I think I read that in one of the FAQ issued by USCIS. But you will not be able to continue doing that on H-1.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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F1 visa denial

I was denied a visa this morning under 214(b) in Kuwait. I have been working in Kuwait for a year (I am an expatriate), and have an offer of employment upon return from my studies. I just received a letter to that effect (after the denial). This is my second denial. Would the letter be sufficient as additional evidence for reapplication? I also have a bank account containing about $3000 which I plan to keep for when I return (apart from my sponsor's account).

214(b) denial is based upon a suspicion that you have no intention of returning to your home country. This ground is almost impossible to overcome when you are an expatriate, but you can try. I hate to be the bearer of bad tidings, but I doubt this will work.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Traveling on OPT-F1

I am on OPT F-1 Status after my second degree. I need to know what other parts of US outland I can visit besides Hawaii without having any immigration problems?

Normally, travel to "contiguous territories" (like Canada and Mexico) does not require a visa when the trip is less than 30 days AND you do not happen to be a national of one of the eight countries that US govt. looks upon with some suspicion. But there can be immigration problems. Trip to any one of the 50 states presents no special issue.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

May B-1/B-2, E-1, E-2, F-1, H-1, J-1, L-1 O-1 visa or TN holder apply for green card?

One of the questions I am asked quite frequently is whether or not an E-1/E-2 visa holder can apply for a green card and not jeopardize his or her E status. The answer is PROBABLY yes he can.

In the E visa context, this is what the govt says:

Quote:
9 FAM 41.51 N15 INTENT TO DEPART UPON TERMINATION OF STATUS
(TL:VISA-404; 04-29-2002)

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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Visa after B-1 to F-1 conversion

I entered the US on a B1/B2 visa in febuary 2007, and then changed my status to F1 in May 2007. I enrolled into a 1 year certificate diploma program and started attending school in June 2007. I completed the program and in Fall 2008, I transfered and enrolled into a Master's program at a prestigious university. I have completed 1 year of study and I am half way through the program. I am intending to visit my home country this summer. I would like to know the procedure to obtain the F1 visa stamping. I wish to travel and come back while I am a student. I have obtained my SSN and my Driver's License as well. I have also signed a lease for my apt for the next 1 year. I have always maintained legal status till date. I have working on campus for the last 6 months. I would like to know about the chances of getting my visa stamped before coming back to continue my studies. I am very confused listening to people and I really need some good advice. Its been close to 3 years now and I really wish i can get to see my family back home. I will really appreciate any advices and help. I dont know what kind of questions will be asked in the interview. Also the probability or obtaining the visa stamp. Please tell me what is the best way to approach this and the best thing that I can do.

Chances of getting an F-1 visa are remote. I would want you to reconsider the trip. The biggest problem here is, unless you declared to the consulate that you intended to convert from B to F status, they are likely to consider you to have misrepresented your true intention when you obtained/traveled on B visa.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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F-1 visa stamp, H-4 pending

I'm on H1B working in USA. My visa was expiring in May, so my company applied for H1B and H4 (for my wife) extension in April. In May 1st week, my wife got admission & assistantship in one of the university. She returned to India on May 20th and she got her F1 visa stamped from India. Now we are very much concerned that what will happen to my H1 and her H4? 1) Since she has F1, will it affect H1/H4 processing? 2) Do we have to apply for H4 withdrawal in order to maintain her status as F1 ? If so, is it possible for you to apply withdrawal on behalf of us? What is the fee you charge for the same? 3) Is it possible to have F1 and H4 both together at the same time? 4) Since my Employer is a large company and they have filed H1-H4 on behalf of us, is it possible for an outside agency to file H4 withdrawal? And will the H4 withdrawal application affect my H1 visa extension application?

1. H-4 is her personal application. All she needs to do is send a letter to USCIS stating "I hereby withdraw my application for H-4." Attach a copy of the fee receipt for H-4 application that comes from USCIS. I see no need for you spend money on legal fees, but that is your choice.

2. If nothing else works and she does get the H-4 approval, just have her step outside USA and reenter on F-1 visa and get a new I-94 from CBP at the airport.

3. Generally speaking, no.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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