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Immigration Law

Khalidy, I have an issue concerning my stay in the US. I…

Customer Question
My name is*****...

My name is***** , I have an issue concerning my stay in the US. I used to have an F1 then after my graduation I got my OPT. When I was looking for sponsorship, I applied for a B2 so I can stay longer and have time to find the right sponsor. When I got it, I found a university that offers CPT work permit while I'm their student. When I applied for it with all the letters of recommendations, passport and all the legal documents, I got accepted and received the letter of acceptance. However, today, I received a last minute email from the school administration telling me that I have to get my new F1 on my passport by going back to my country. Now, I'm afraid that I'm overstaying and breaking the rules, since even my I94 doesnt mention if I'm ok or in a wrong situation.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

The school is in Pennsylvania and I'm currently living in a LA. By the way, I never broke the law or had any issue, I always did everything legally.

Lawyer's Assistant: Has anything been filed or reported?

I never received any complaint or issue. I really dont know when I check the i94 status , it mentions only N/D

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I told you everything .

Submitted: 1 month ago.Category: Immigration Law
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Customer reply replied 1 month ago
You can find as an attachment my acceptance letter from the school and also my passport with B2 receipt from the immigration services. Please help me find an answer.
Customer reply replied 1 month ago
Here is my passport
Answered in 1 hour by:
1/4/2018
Immigration Lawyer: Expert James, Lawyer replied 1 month ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 12,676
Experience: Write FOR JAMES to get my help!
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Hello! Thank you for using Just Answer. My name is***** have over 12 years of legal experience. Please allow me some time to review your question and to prepare a response.
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Immigration Lawyer: Expert James, Lawyer replied 1 month ago

First, if you are on F-1 status, then your F-1 I-94 should be D/S (Duration of Status). Is that not the case?

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Customer reply replied 1 month ago
Mister James, thank you for your quick reply it shows D/S on the i94. So what I should do since my parents and myself are afraid for my future, I did so many sacrifices in order to have he chance to be in the US
Immigration Lawyer: Expert James, Lawyer replied 1 month ago

OK, thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: That's good news. First, even if you are out of status because you filed for a change of status, you are in what is called a "period of authorized stay" because the case is processing. That means it will not be held against you. Second, even if you are out of status, you are not accruing unlawful presence since the F-1 I-94 is "duration of status" and you have not been told by an immigration judge or the USCIS that you must leave the US.

Based on the information you've given me, you have not accrued unlawful presence and you are not subject to a ban from the US. I also do not see that you've done anything that would automatically prohibit you from getting a student visa.

I hope that answers your questions.

▼ RATING REQUIRED! ▼ Please remember to click on 4 or 5 stars (★★★★) on your computer screen. This is important because this is how I get credit for doing my job.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

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Immigration Lawyer: Expert James, Lawyer replied 1 month ago

Hi, I’m just checking in to see how things are going. I see you have reviewed my answer but I have not received credit for it. Remember that the rating is not based on the outcome you wanted or desired, but instead, on my service to you. Negative ratings are reserved for Experts who are rude or unprofessional.

Do you need more help?

Thank you!

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Category: Immigration Law
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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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