Legal Question in Immigration Law in Florida

Hello,

I am a student on an F-1 Visa currently in Optional Practical Training. My degree was a bachelor's in Aerospace Engineering and dual majoring in Mathematical Sciences, but the only job offer I have received is from an IT consulting firm, Anjaneyap Global. They are offering me a job with training starting in august and a H-1B visa in february. The positions they sad I could have were 'Systems Analyst' 'Requirements Analyst', 'Requirements Engineer' 'System Tester', 'Process/Quality Engineer', as well as some business related jobs. My university has told me that other students on OPT are working for this company without an issue, but they didn't say what majors they were. The company has assured me multiple times that there is no issue, and that they are E-Verified and that other OPT students from other majors have worked for them and gotten H-1B visas and greencards without an issue. I'm concerned that thid doesn't qualify as "directly related" to my major. I've read the Code of Federal Regulations, an Immigration and Customs Enforcement guideline, and everything else I can find about the issue, but all they say is that it's my and the employer's responsibility to determine if the job is "directly related" to my major. I don't want to sign the one year contract with this company only to be deported and risk not being able to get another visa for future education or employment. I wold greatl appreciate your help on the matter, Thank you.


Asked on 7/25/14, 3:10 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

This situation is a bit complex for this forum. You should discuss this with the prospective attorney's immigration attorney.

There could be potential problems with working for a consulting company, as USCIS is cracking down on them. Also, if they are not a cap- exempt employer, they cannot file your petition until April 2015, for an October 2015 start date, assuming your petition is chosen in the "lottery" of well over 65,000 petitions filed each year.

As for the position, it could be related to your secondary major. It all depends on USCIS' interpretation & how good the attorney is at arguing the case.

If the petition is denied, you will not be deported, but you will have to depart the U.S. once your status expires. I would recommend getting a STEM OPT extension first.

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Answered on 7/26/14, 6:21 am


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