Legal Question in Immigration Law in California
F-1 Visa Student
I have recently interviewed a student who would be perfect for the position we have advertised. This position would require fluency in Korean as well as necessary management and office skills. Unfortunately, she is currently a student at an English institute and does not seem eligible for OPT status on her F-1 Visa. We would require her to begin work around June. Is there an exemption that can be made for this situation? We would be petitioning to get an H1-B Visa obtained by October.
4 Answers from Attorneys
Re: F-1 Visa Student
You need to work with an attorney on this , we do not charge for consultation.
Re: F-1 Visa Student
No, there is no exemption to start work early if she does not qualify for OPT as you say. If soon after April 1st, you're notified by USCIS that your H-1B petition for her is selected in the lottery then she can stay until you find out the petition is denied, or if it is approved with a start date of October 1st then she can stay in the U.S. through the "gap period" (because the F-1 is extended) but she will not be allowed to work for you in the meantime. If she does, she will be violating her F-1 status.
Larry L. Doan, Esq.
(Straight-talk on Immigration Law at www.GuruImmigration.com)
Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.
Re: F-1 Visa Student
H-1s are an area of expertise for me. With the H-1 cap being readily met, even if you filed for that on the required filing date April 1, which I recommend, I also recommend analyzing the case considering alternate status too. The J-1 exchange visitor is a possibility as might be the H-3, which is also a trainee status as well. Both allow employment authorization and can be applied for to commence employment quicker than the H-1.
I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com or email me at [email protected].
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436
EM: [email protected] WEB: http://www.yardum-hunter.com
A �Super Lawyer� 2004 � 2009, Los Angeles Magazine
Time is of the essence if you want to do an H-1 as the case must be filed on April 1.
I would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com or email me at [email protected].
Alice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization
ST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436
EM: [email protected] WEB: http://www.yardum-hunter.com
A �Super Lawyer� 2004 � 2009, Los Angeles Magazine
Re: F-1 Visa Student
It's possible she may qualify for a H-1B but this depends on the position as well as her educational background.
You may find comprehensive information here:
http://www.msclaw.com/H1_B_Professional_Visa.html
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