Legal Question in Immigration Law in California

Part time Student for a month while on OPT

Hi

I finished my graduate last year and currently work full time with my OPT. I received H-1B approval this year, so it'll be effective from this October. I'm now admitted to a law school as a part time student and the classes start late August. What I'm concerned is that I have to attend school while on OPT for one month (September). I heard that students may take courses as long as they are working full time, therefore no need to get any permission. Admission office of the law school I got into does not seem to have international office staff who knows about the OPT and international visa status issues. In my case, is it okay to enroll the program?

If the one month affects my work authority, what is the best option I may take? I really want to start the school this fall...

Thank you very much for your help!


Asked on 6/13/09, 4:28 pm

2 Answers from Attorneys
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Part time Student for a month while on OPT

You will be out of status attending that way and need to leave the U.S., get an H-1 visa issued and return. There is a question on the visa application form whether you violated your status and the answer to that must be yes or you commit a material misrepresentation that could hurt you in the future. The thing to do is to defer your admittance until after you get the H-1 issued and start law school the first semester after October 2009. You can attend school part time as an H-1. It's not worth risking the future of your immigration status (the problem won't arise now, but later, perhaps years from now when the government could put the timing issues together based on your transcript compared with your immigration status). Reinstating status might also be an option, but not nearly as good.

Please don't act on this information as I can't provide legal advice until I know your entire situation.

I 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.

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

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Answered on 6/13/09, 9:17 pm
Joseph La Costa Joseph La Costa, Attorney at Law

Re: Part time Student for a month while on OPT

You really should consult an Immigration Attorney. Please send me an email if in California with your contact information and we can discuss your particular facts. There is no fee for consultation.

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Answered on 6/15/09, 2:02 pm


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