Go Back  British Expats > Living & Moving Abroad > USA > US Immigration, Citizenship and Visas
Reload this Page >

How long can one stay in the US after her OPT expired?

How long can one stay in the US after her OPT expired?

Old Feb 9th 2001, 9:39 am
  #1  
jonghyun lee
Guest
 
Posts: n/a
Default

Hello.

My wife was working for an agency on the Optional Practical Training (OPT) and it expired
last month. She's currently working as an unpaid volunteer. We hired an attorney last
year to apply for H-1B, but the attorney has been doing terrible job and her H-1B is
still pending. My first question is "How long is my wife allowed to stay in the US after
her OPT expired?"

1) until she gets the visa?
2) for a specific grace period (i.e. 60 days)?

Her F-1 visa expired last December. I am a student holding F-1 visa, so in the worst case
(for example, the grace period expires), she can apply for F-2. If her H1-B is approved
after she gets F-2, can she work again? Or does she have to give up her H1-B application,
once she gets an F-2?

Please answer my questions ASAP. Your help would be greatly appreciated.

Thank you.

regards, Jonghhun
 
Old Feb 11th 2001, 5:51 pm
  #2  
Michael E. Piston
Guest
 
Posts: n/a
Default

Jonghyun:

INS regulations allow one to legally remain in the U.S. up to 60 days after the expiration
of optional practical training or the termination of full time student status.

If an application for change of status is received by the INS during that time, one may
legally remain until a decision is rendered in one's case.

Michael E. Piston Attorney at Law 4000 Livernois Ste 110 Troy, MI 48098
248/680-0600

My comments are based upon my over 15 years of full time experience as an immigration
attorney. It has not been confirmed by research, and one or more immigration officials or
other attorneys may disagree. This is not legal advice and is provided on the
understanding that no attorney-client relationship is created or intended.

> Hello.
>
> My wife was working for an agency on the Optional Practical Training (OPT) and it
> expired last month. She's currently working as an unpaid volunteer. We hired an attorney
> last year to apply for H-1B, but the attorney has been doing terrible job and her H-1B
> is still pending. My first question is "How long is my wife allowed to stay in the US
> after her OPT expired?"
>
> 1) until she gets the visa?
> 2) for a specific grace period (i.e. 60 days)?
>
> Her F-1 visa expired last December. I am a student holding F-1 visa, so in the worst
> case (for example, the grace period expires), she can apply for F-2. If her H1-B is
> approved after she gets F-2, can she work again? Or does she have to give up her H1-B
> application, once she gets an F-2?
>
> Please answer my questions ASAP. Your help would be greatly appreciated.
>
> Thank you.
>
> regards, Jonghhun
>
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Manage Preferences Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Your Privacy Choices -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.