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I have been on F-1 OPT since July 30 2015, and it was due to…

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I have been on F-1...
I have been on F-1 OPT since July 30 2015, and it was due to expire on July 17 this year. However with a loss of my I-20 paper sin transit, and the fact that my F-1 visa date was not updated in my passport, they voided my Visa at the airport today.
I have a question about my I-20 status and EAD, which are both current but my F-1 visa is not - can I still work? Does my I-20 still hold until I leave the country and apply for F-1 again?
Or if I want to keep working here, will I need to get an E3 (Im Australian) or H1-B setup with an employer?
Submitted: 2 years ago.Category: Immigration Law
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Answered in 1 hour by:
2/3/2016
Immigration Lawyer: Expert James, Lawyer replied 2 years ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,557
Experience: Write FOR JAMES to get my help!
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Hello! Thank you for using Just Answer. I am James. I will be assisting you. Please view this as a casual conversation. We will chat back and forth until I have all of the necessary information I need to give you a thorough answer.

Once you have received your answer, you will be asked to rate my customer service. This is very important. I do not get a salary here. Your rating is the only way I get credit for doing my job. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces.

Also, if you want me to be your personal immigration Expert, just write FOR JAMES at the beginning of any future, new questions, and I will be happy to help you as your personal Expert.

If you understand that, please answer the following:

Where are you now? If you were not permitted entry to the US, how can you work?

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Customer reply replied 2 years ago
I am in America - I was permitted entry under the visa waiver program
Immigration Lawyer: Expert James, Lawyer replied 2 years ago

OK, thank you very much. Kindly remember to give me a positive rating before leaving this site today. I do not get a salary here, so your positive rating is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked, which I am sure you agree would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job. Thank you!

During this process, please remember that I do not work for the government. My job is to be honest with you about your situation, and sometimes that means I have to deliver bad news. When you are giving a rating, please do not rate the state of the law or the outcome of your situation. I cannot control those things. I am just a messenger.

I know a negative outcome might create negative feelings for you, but those feelings should be directed to the US laws, not me. Thank you for your understanding.

QUESTION: I have a question about my I-20 status and EAD, which are both current but my F-1 visa is not - can I still work?

ANSWER: You cannot work while on VWP. Nor can you go to school while on the VWP.

Also, there is no such thing as I-20 "status." You need a valid I-20 to get into F-1 status or to get an F-1 visa. The I-20, alone, does you no good.

QUESTION: Does my I-20 still hold until I leave the country and apply for F-1 again?

ANSWER: You will have to talk to your DSO about this.

QUESTION: Or if I want to keep working here, will I need to get an E3 (Im Australian) or H1-B setup with an employer

ANSWER: Those are options. But you cannot change your status from VWP to F3 or H1B. You would have to leave the US and apply for each of those at the US consulate abroad.

I hope I have answered your questions. If you want a 30 minute phone call to discuss this or anything else, let me know. I can send you an offer for that.

Otherwise, kindly rate my customer service with a positive rating so I get credit for doing my job. You can keep asking questions even after you have given a rating.

REMINDER: I do not get a salary here, so your positive rating for my customer service is the only way I am rewarded for doing my job. If that does not happen, it is as if I never worked; I am sure you agree that would not be an ideal outcome. So please do not forget to give me 3 or more stars, or any smiling faces, in order to help me get credit for doing my job.

Keep in mind, you are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger.

Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you.

A BONUS is appreciated, if you feel I've earned it.

If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category.

Thank you!

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Immigration Lawyer: Expert James, Lawyer replied 2 years ago

Hi, I’m just checking in to see how things are going and to confirm that you received my answers.

I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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