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Ely
Ely, Counselor at Law
Category: Immigration Law
Satisfied Customers: 3918
Experience:  Private practice in several areas, including immigration
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My opt start date is in Aug, I got a job in Sep, and left

Customer Question

Hello, My opt start date is in Aug, I got a job in Sep, and left that job in Oct. Then I did an internship for 2 month(November and December ). I want to know How long I can stay in U.S.?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Legalease replied 1 year ago.

Hello there --

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Is this an H-1B visa? If so, then you become immediately "out of status" with immigration and you are expected to leave the country immediately unless you either have another job lined up that will satisfy the H-1B visa requirements OR you can change the status of your visa to an F-1 student visa in order to stay in the US and take seminars, do internships and take classes leasing to a degree. Please note that your former employer is required by law to report to US Immigration that you are no longer employed there, so unless you leave the US, find another job where the employer is willing to bring you in under the current H-1B visa or you apply to US Immigration to change your status to a student status under the F-1 visa program, you are legally required to leave the country when the original job that you came here for on the H-1B visa is completed, you were laid off for lack of employment or you quit the job voluntarily.

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THe longer you take to straighten out these matters with immigration, the more severe the penalties become. If you cannot find another H-1B job and cannot change to the F-1 student visa, then you are legally "out of status" and the longer you remain out of status, the longer the time the US Immigration can barr you from entering the US in the future. If you stay longer than 180 days after you leave the job then you can be barred from reentering the US for three years. If you stay 365 days or more (one year) you can be barred for ten years from entering the US. Here is a link to a very good article that you might want to read on the subject http://www.alllaw.com/articles/nolo/us-immigration/what-happens-h-1b-holder-loses-job.html

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My suggestion is that you speak with a local immigration lawyer or immigration advocate near you as soon as possible to see if you can get some assistance in adjusting your status and changing to the F 1 student visa based upon the internships that you have just completed. I wish I could give you a magic wand that I could point you to in order to get this straightened out quickly and easily but the law simply does not work that way -- particularly immigration law.

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I hope that at least helps to show you where you stand so you can start making some moves to correct it. Please let me know if you have any further questions. If not, can you please press a positive rating in the ratings box above so that I will be paid for my time assisting you tonight? A positive rating is done by pressing the middle star or the fourth or fifth star to the right of the middle star above in the ratings section. Pressing a positive rating will NOT cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time assisting you tonight. THANK YOU VERY MUCH

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MARY

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