More details to this question:
I'm a Spanish student with F-1 visa that expired the las December. I applied for a 4 months extension (October, 2 months before expire) and just last week I received an email telling me it had been rejected (waiting for the mail answer with the reason why). I have a company that wants to hire me, but we have been always talking about an OPT. ¿ I'm still elegible for an OPT? Or is an option I've lost? ¿ Which other options do I have? Which would be the best one? ¿ If a enroll to another school, will I be able to apply for an OPT? (on the same speciality than the company, audio). THANKS A LOT!
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
The problem that I see in your case is that you do not appear to be in legal status at this time. OPT is attached to maintaining a legal student status. If you enroll to another school, you would not be considered legal just by the enrollment. The school would have to check with DHS and you would likely have to go through the reinstatement process to go back to legal status. If you manage to do that, you might then request the school to issue you OPT during the time that you are studying.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 Jun 08th, 2014 at 7:59 PM