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If I engaged in authorized employment and my university

Hi, if I engaged...

Hi, if I engaged in authorized employment and my university reports me to the USCIS, should I leave the country immediately/

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

My OPT got approved but since my University is going to report me for unauthorized employment, will I lose my F-1 status?

Lawyer's Assistant: Have you talked to a lawyer about the F-1 visa?

The lawyer told me that once the university reports me, the USCIS will then decide on future actions

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

Basically i engaged in unauthorized employment before my OPT approval (after my program end date as indicated in my I-20). I am currently enrolled for 1 credit hour to finish my dissertation. The university found out the unauthorized employment so they said that I will be reported to USCIS.

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Customer reply replied 1 month ago
My program end date in my I-20: Dec. 31, 2017OPT approval: Feb. 28, 2017I continued working as a graduate assistant even after my program end date (indicated in my I-20) and before my OPT approval. During that period of unauthorized employment (72 days), I was enrolled in 1 credit hour. I just got my EAD card. The ISS is going to report me to the USCIS. When they do that, I will lose my F-1 status.
1) What are my options? Should I leave the country immediately?When the university report my violation to USCIS, do I need to leave the country immediately? Can I leave 2 weeks later?
2) How can I remain in the US?
3) Can I still use my OPT?
4) Will this violation affect my H1B application in the future?
Customer reply replied 1 month ago
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Customer reply replied 1 month ago
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Answered in 8 minutes by:
3/16/2018
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,963
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

What was the reason that you engaged in unauthorized employment?

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Customer reply replied 1 month ago
I thought that I could continue my graduate assistantship since I am enrolled in 1 credit hour to finish my dissertation.

Well, that probably isn't a good enough reason to support reinstatement, but you can certainly try either to reinstate with your current school if your I-20 is terminated, or you can transfer to another school and reinstate through that new school. Here is a link:

https://www.uscis.gov/ilink/docView/FR/HTML/FR/0-0-0-1/0-0-0-79324/0-0-0-85465/0-0-0-87514/0-0-0-87971.html

If you are not able to reinstate, it would still be a long time before anyone tried to deport you, so you may be able to finish your dissertation, but you won't be able to get OPT or H-1B or anything like that unless you leave the U.S.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

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Customer reply replied 1 month ago
Is it correct that once the university reports me to the USCIS, my SEVIS will be terminated and I will lose my F-1 status?If that is the case, will that invalidate my OPT? How soon the USCIS give notice for removal proceedings?Would that be as soon as the USCIS receives the report from the university?Is it still safe for me to stay in the US for 2 more weeks after the university reports me?If I leave the country, will this violation affects my H1B application in the future?

Is it correct that once the university reports me to the USCIS, my SEVIS will be terminated and I will lose my F-1 status?

Yes, that is correct.

If that is the case, will that invalidate my OPT?

Yes. It would invalidate your OPT.

How soon the USCIS give notice for removal proceedings?

Probably years unless you commit a serious enough crime to make you a priority for deportation. Now you are not, so it could be years before anyone takes an interest to try to deport you.

Would that be as soon as the USCIS receives the report from the university?

No. As I said, it could take years.

Is it still safe for me to stay in the US for 2 more weeks after the university reports me?

Relatively speaking, yes. As I keep saying, it could be many years before anyone takes an interest to deport you if you otherwise behave yourself.

If I leave the country, will this violation affects my H1B application in the future?

Not if you leave before accruing 180 days or more of unlawful presence.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please scroll to the top of the page to see them or click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

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Customer reply replied 1 month ago
When is that unlawful presence starts?Does that mean that once my SEVIS is terminated, my presence here in the US is considered unlawful? If I will have an employer that is willing to sponsor me an H1B visa, can I stay in the US?

It begins once USCIS has made a decision on your case, not with the I-20 has been terminated. Once your I-20 is terminated, you are OUT OF STATUS. This is different from UNLAWFUL PRESENCE. Unlawful presence starts when USCIS makes a determination about your case and that could take awhile. And no, I cannot tell you when that would or could be. Once you are out of status, you cannot get back into status through employment, education (unless you reinstate and you only have 5 months to do that) or investment. So if an employer wants to petition for you, you have to leave the U.S. to get an H-1B visa to come back.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 1 month ago
Sorry, I was out for a while. Will I still be able to finish my PhD degree after my SEVIS is terminated? What I mean is that if I submit all requirements for graduation after my SEVIS termination, will I still be able to get my degree?

For you to finish, that is up to the school. Some schools allow persons out of status to study and earn degrees. So you have to ask them. If not, you may have to transfer to a school that does allow you to finish.

Please don't forget that positive rating. I only keep mentioning it because if you can believe it, about 30% to 40% of customers don't leave a rating at all and since I am not given a salary to be here, a positive rating is the only way the website will compensate me (which costs you nothing additional and the session does NOT close). It's as if I spent my time responding for free. So you can understand, 30% to 40% of customers not leaving a positive rating is like working 40 hours per week, 5 days a week and not being compensated for every Friday and most Thursdays. That's the only reason I keep mentioning it. Sorry if it is a bother as it is not my intention. If you don't see the stars by my name, I think all you have to do is scroll to the top of the page or click on my name and they will come out. Thank you for your understanding.

Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,963
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
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Guillermo J. Senmartin, Esq. and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 1 month ago
I thought that I once I rate you I will not be able to ask your further questions.

No. That is not correct. See? I'm still here.

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Customer reply replied 1 month ago
For how long can I ask you? Does this have an expiration date?

Unfortunately for me, the session never closes. I have had people come back a year or more later to ask a follow-up question, so there is no time limit or expiration. However, please don't abuse and ask 5724 questions because since I am not given a salary to be here, as you can understand, my time is limited. A few follow-up questions is not a big deal.

Thank you for the positive rating. For this topic, just reply here. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 1 month ago
Oh, I see. I may have follow up questions later. For now, thank you so much for clearing up my confusions. I will remember you in case I will ask questions about a different topic. Thanks!

The session never closes. I have had people come back a year or more later to ask a follow-up. Thank you for the positive rating. For this subject, just come back here and post a reply. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 111,963
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Experience: 10+ years of experience in various aspects of U.S. Immigration Law.

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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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