QUESTION
What will happen for an unauthorized employment F-1?
Asked on Mar 06th, 2013 on Immigration - Mississippi
More details to this question:
I am a senior college student graduating in three months (May 2013). I recently discovered that a two-month internship (March 2012-May 2012) which awarded me a 600-dollar stipend was indeed considered illegal employment (I did not have OPT/CPT during that time). I did not think the stipend constituted an employment, but now I finally understood. I have traveled internationally and re-entered US twice with a new F-1 visa after the internship till now. (1) I have NOT reported this to the international office of my school. If I do, can I still attend classes for the rest of the semester so I can graduate? Or I will need to depart and come back, if granted entry, for the next semester? What are the consequences? Does me bringing myself to them give any relief to me? (2) How many days of unlawful presence have I accrued? (3) I have a company to sponsor me with H1-B visa. However, if I can completely resolve the illegal employment issue, I am willing to give up the opportunity. The job was what I have fought for the rest of my college life, but I want to be honest and "clean". I do not want the illegal employment issue to haunt me later. Thank you for answering. I sincerely appreciate any help.
1 ANSWER
Thomas J. Rosser
My recommendation would be that you return the $600 stipend to the grantor and maintain a record of the transaction and your written explanation to the grantor that you were not allowed to be compensated for the internship. This will allow you to demonstrate your intent and ameliorative actions to correct the problem/mistake should you be questioned about it, if ever, in the future. Continue with both your studies for completion of your degree and pursuit of your H-1B opportunity with your potential employer (requesting OPT authorization from your DSO for the transition period when the H filings will take place). You should consult with an experienced immigration attorney in guiding you through the H-1B process with your future employer and for eventually seeking lawful permanent resident status (LPR) via employment-based adjustment of status (predicated by the applicable labor certification through DOL) utilizing the available six-year H-1B dual intent "platform" for such processing (if you intend to remain in the U.S. indefinitely).
Answered on Mar 07th, 2013 at 9:01 PM