I have a unusual case regarding being out-of-status and OPT work authorization.

I was a MBA student at Kansas. I graduated on 15th December 2007. I applied for OPT on 2nd October. I got the case number with the received notice two weeks after I applied for OPT. On October 23rd I became out-of-status. This happened after my application was received by USCIS. I went to Mexico and made a reentry with new I-20 and I-94 to come to status on 1st November 2007. Now I am in valied F1 Status.

My DSO told me that I will not be qualified for OPT as I became out-of-status. But luckily my application for OPT was processed and I got my EAD card a week ago. Mean while thinking that my OPT will not be approved, I applied for new admission in some new master program. My I-20 was released by the DSO before I got the EAD but I haven't signed it and collected it yet and I haven't registered for any classes.

Now there are certain questions on which I need serious help.

Is my EAD card valid despite the fact that I was out-of-status for a while (9 days) or is there a loop hole in USCIS system that mistakenly sent me the OPT (EAD) card?

Can I work with this EAD card and in future apply for H1B? Will there be any problem in H1B processing if I do that? I want to know the validity of this EAD card.

Please help me if anyone have gone through this situation before. It is pretty unlikely situation. Your information will help me decide what I can do in this situation.

Thank you.

lateentry1979,

As far as I know, Your OPT will be canceled when DSO  enter  your  details  to the  SEVIS  system. Last week I had asked to our DSO about the case of my friend who is in OPT till May 2008. He wanted to enroll in this spring and get CPT from may to October, but she (DSO) said that whether you pay, receive the I20 or not OPT will be replaced by new I20 and SEVIS system. So be careful and go to International admissions Office to confirm or you can send any student over there with the case only (not your name). ok Good Luck

Parbatya

Hi lateentry1979

I am wondering how one can be out of status when he is still in F1 and waiting for his/her graduation. You had applied and got acknowledgement letter on 23rd october. How come you became out of status?? Can someone explain me please ??

The reason they made me out-of-status is that I was working on-campus and I happen to work 4 hrs above 20 hrs per week. It was totally accidental and they are also quilty in this matter.

bro,

i suggest you consult an immigration attorney in this matter imediately. the longer you wait the more complicated the case might become. so, please consult an imigration attorney. there are some Nepalese immigation attorneys also, i think you can google their contact information by typing "nepalese immigration attorneys in the US".

good luck to you.

My understanding is that if you are under a different I-20 now, then that overrides your OPT from the previous I-20.

If the DSO has already released your I-20, then you are not anymore in that university--that means your OPT will also not be valid. For students working in OPT, the DSO releases their I-20 at the end of the OPT period not at the time of graduation. Technically, you are enrolled in the new university!

Bro,

Don't mind (and I don't want to humiliate to you at this situation) but one true saying is "Kaag Dherai Batho Bhayo Baney Guu Khancha". This applies to you.

1. How you know that you were out of status?

2. You were out of status coz you worked more than 20 hrs/week rt? This records stays only at your DSO (that is why even you went out of status, you received EAD card). You could have fixed this prob internally. Why did you applied for new I20 and why did you went to Maxico?

3. This is law that : "If you have new I 20 in whatever case (like process of applying EAD, or received EAD 1 day ago, 1 month ago etc) you will be in F1 status back again and all EAD etc will be canceled automatically.

4. Your best option I see is : go back to college, during this period find some company and request for H1B directly (as you have already US master degree). Once you have H1, your F1 will automatically terminates after Oct 1.

Let me know if you need more suggestion.

 

Lateentry....,  I 100% agree wth FreeH1B. I also didn't want to humiliate you, so whatever I was going to say FreeH1B has already said it here. Do as he suggested. You are simply trying to go after 'Kaag' rather than touching your 'Kaan' first. If you know what I mean :)  If you still have a doubt, consult an attorney-- as HappyFace has suggested god lawyer can do anything in this country. G'Luck.

Hi FreeH1B,

I think you acted bit funny. Actually you would also have done the same thing I did if you  were in my position. You don't know the situation in my University and how they treat Nepalese students. They are just looking for some reasons to make people out-of-status.

Any ways part of your response is still useful.

 

Man, I think it is other way around.........DSO try to make out-of-status students to in-status.......and not the opposite way. Yes they will get irritate if you don't follow them but you gotta act in smart way.........I already went through all these hurdles long back and I know them very well.........

Suggestion: Whenever you decide to do something.......think calmly........don't panic........get info from all........and decide the best way....Don't just rush and make decision. 

I know it is critical time for you and I understand what is happening with you. Try to be nice with DSO and request them for possible way out .....they might help you in this regards.