Do I have to lose my job and leave the country or is there another way to continue working on legal status?

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Do I have to lose my job and leave the country or is there another way to continue working on legal status?

I am on F-1 status, working full time on OPT which ends next month and my employer has filed for H1B. As we know that USCIS did a lottery to select applications and a lot of applicants including me, are still waiting to hear from them. In my case, I will be applying for green card in about 4 months by marrying a US citizen (currently permenant resident).

Asked on May 7, 2013 under Immigration Law, North Dakota

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can work but it will not be lawful employment once your OPT ends.  However, if you end up adjusting status as a spouse of a US citizen, then any unauthorized employment will be forgiven.  I would probably suggest that you try to extend the OPT if it is possible.


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