Legal Question in Immigration Law in California

By the end of the 60 days, there are two choices: 1. depart the U.S. or 2. change to another immigration status. If you remain beyond the 60 days, you will have not maintained status, cannot change status thereafter and would be required to depart the U.S. to recapture legal status. As you would no longer be a student, you would have to get a new status in the U.S., such as with an application to change status before the 60 days, for example, as a visitor for pleasure. That doesn\'t happen automatically. You could also change status to H-1B as there is a rare opportunity of availability of H-1s currently. There might also be other status you qualify for, but I\'d need to know more.\n\nOne thing is for sure: the longer you stay beyond the period you\'ve been given or change to, the greater likelihood that you will be refused entry in the future.\n\nI would be happy to help you out if you contact me offline. Check me out at http://www.yardum-hunter.com, fill out a consultation request there at http://www.yardum-hunter.com/Main/Consultation.asp or email me at [email protected]. Until then, please don\'t rely on this as legal advice.\n\nAlice M. Yardum-Hunter, Attorney at Law, Certified Specialist, Immigration & Nationality Law, State Bar of CA, Bd. of Legal Specialization\n\nST: 15915 Ventura Blvd., Penthouse #1, Encino, CA 91436\nEM: [email protected] WEB: http://www.yardum-hunter.com\n\nA ?Super Lawyer? 2004 ? 2009, Los Angeles Magazine\n\n

As you stated, once your OPT has ended, you must either leave the U.S. or find another status to change into. Any change of status should be filed with the USCIS prior to the end of your OPT expiration date. Otherwise, plan on departing the US prior to the end of the 60-day grace period allowed after OPT has terminated. A change of status to anything such as a \"B\" tourist does not happen automatically. I would have to know more about your particular situation to suggest your options. Since you have been in school, you might explore other options to be sponsored by an Employer in your specialty field, e.g., H-1B, TN, or you might even explore a J. I\'d be happy to assist you offline. Feel free to contact me at [email protected], or phone at 415-387-1364. Sincerely, Jennifer Brill, Esq. Law Offices of Jennifer Brill, San Francisco, CA.