ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 3 of 3

Thread: applying for Visa after applying OPT

  1. #1
    Hello all

    I am considering renewing or applying for a new F-1. I am also thinking of applying for OPT, as my future employer has asked me to please do so. From what I have been told, renewing the F-1, while applying for PRE-OPT is no problem. I do have a letter of offer from my future employer, stating that they want me to get OPT/EAD before I can start work there.
    Can anyone help me out? Can i leave the country, reapply for an F-1 (I am currently an F-1 student) and then come back with the OPT application documents? thanks

    KM

  2. #2
    Hello all

    I am considering renewing or applying for a new F-1. I am also thinking of applying for OPT, as my future employer has asked me to please do so. From what I have been told, renewing the F-1, while applying for PRE-OPT is no problem. I do have a letter of offer from my future employer, stating that they want me to get OPT/EAD before I can start work there.
    Can anyone help me out? Can i leave the country, reapply for an F-1 (I am currently an F-1 student) and then come back with the OPT application documents? thanks

    KM

  3. #3
    It sounds as if you are approaching this correctly. Technically you should not travel after filing the OPT application and before it is approved as it MAY be considered an abandonded application. In reality though such an application will be adjudicated nonetheless.

    However if you apply for a visa after you have an approved OPT you run the risk of a consular officer denying the visa extension because technically you have completed the program of study as verified by the OPT, thus an F-1 visa may be deemed as not appropriate. Again, this is unlikely but who knows? I mean if you get a CO who is a stickler they may tell you that if you want to work and not go to school you should get an H visa.

    I think you should apply for the F-1 extension while you are still in school and before you make an application for OPT. Under these circumstances no mention needs to be made of you up coming OPT related employment, UNLESS the CO asks you about it. In which case you should, as always, be as honest and straightforward as possible.

Similar Threads

  1. Should I get a lawyer if I'm applying for a TN visa?
    By guichoflo in forum Immigration Discussion
    Replies: 7
    Last Post: 02-09-2011, 06:43 AM
  2. QUESTION ABOUT APPLYING FOR THE RIGHT VISA
    By jimmy57 in forum Immigration Discussion
    Replies: 2
    Last Post: 04-19-2005, 09:42 AM
  3. QUESTION ABOUT APPLYING FOR A VISA
    By jimmy57 in forum Immigration Discussion
    Replies: 1
    Last Post: 04-18-2005, 04:10 PM
  4. What are the requirements in applying for H-1B VISA?
    By iyay in forum Immigration Discussion
    Replies: 1
    Last Post: 07-21-2004, 05:20 PM
  5. Question on Applying for Visa
    By Copper in forum Immigration Discussion
    Replies: 2
    Last Post: 07-17-2004, 12:04 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: