QUESTION
Can someone work in the us on an expired student visa, if he is in the middle of his resident card application
Asked on Dec 06th, 2013 on Immigration - New Jersey
More details to this question:
My son in law is here on a student visa. It expired in July 2013, however he is still legally able to be here because he was still in school finishing his masters. He will graduate next week. He has been offered a job, but his school will not document this new job as required because he is graduating they tell him, he is not allowed to work once he graduates. He also submitted papers for his residence card or work visa, not sue which one in October and still waiting for that process to be completed. Is he allowed to work at all or is he not supposed to work? He is also concerned because if he isn't working he is afraid that his resident visa will be denied
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
As your son-in-law is here on a student visa and has submitted further papers near his graduation, I will assume that he has applied for postgraduate optional practical training under which he can work for one year into his field of study. He is not allowed to work until U.S.C.I.S. has approved the work authorization and issued a work card to that effect. Your son will have to work it out with his employer until then.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Dec 14th, 2013 at 4:30 PM