Legal Question in Immigration Law in Virginia

Question about F-1 visa application

I received a Bachelor's degree in electrical engineering from a US university in 2001. I was on a F-1 visa. After the completion of my studies, I received OPT for one year. During OPT, I worked for a firm where the majority of my tasks involved tax preparation assistance. The manager didn't ask for my EAD card and an I-9 was not filed. I left the US at the end of OPT. Only the IRS knows about my work experience since this employer declared my earnings to the IRS. Now I wish to return to the US to do a Master's degree. Now, the F-1 visa application (form DS-158) asks for my work history.

Should I mention that I worked for the tax preparation firm? Or is it better to avoid mentioning it since the USCIS doesn't know about this work experience? Will I invite trouble by mentioning this work experience during my visa application?


Asked on 3/02/04, 4:23 am

1 Answer from Attorneys
Akanksha Kalra Law Offices of Glen S. Barry, P.C.

Re: Question about F-1 visa application

A student in F-1 status who has applied for an EAD card may not engage in practical training or be employed until an EAD is issued. If you worked for the employer during your valid OPT period and after the issuance of your EAD card, then your were lawfully employed. You should disclose all periods of valid employment in the U.S. and other details about your work history, as requested on the visa application. The employer is responsible for ensuring compliance with the I-9 and all other Department of Labor regulations and you are not liable for the employer's failure to comply with those regulations.

If you have any other immigration related queries, please feel free to contact me.

Sincerely,

Akanksha Kalra

Disclaimer: This information provided here is generalized and should not be relied upon as legal advice and this communication does not create an attorney-client relationship.

Read more
Answered on 3/02/04, 10:39 am


Related Questions & Answers

More Immigration Law questions and answers in Virginia