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I am on f1 visa and it expires in 3 months and will be on…

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I am on f1 visa...
I am on f1 visa and it expires in 3 months and will be on OPT afterwards. I worked for lyft for just 3 times and made $540 (<600 for tax reasons). Now how will this affect me and how do i be safe from any trouble in future ?
Submitted: 3 months ago.Category: Immigration Law
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4/2/2018
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,878
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

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Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

The best way to clear your record is to depart the US with an I-20 approved for travel and re-enter.

When applying for any future immigration benefits USCIS looks to see if you have maintained status since last entry. So you depart and come right back and then you have no unlawful employment since last entry.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

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Customer reply replied 3 months ago
What if i am denied reentry during my comeback ? Specially that my f1 visa expires soon ? Also my opt application is in progress currently and i have applied last month for it. Will this cause any problem in getting my OPT ?
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

Can you travel with a pending OPT

Yes, but traveling during this time should be undertaken with caution. USCIS may send you a request for evidence while you are away, however, so you would want to make sure you have provided a correct U.S. address both to your DSO and on the application and would be able to send in requested documents. Also, if USCIS approves your OPT application, you will be expected to have your EAD in hand to re-enter the United States. Like a request for further information, USCIS can only send the EAD to your U.S. address.

https://www.ice.gov/sevis/travel

They generally would not deny you entry because your F1 expires soon since you filed OPT.

However, entry is never a guarantee, even if your OPT is approved and you go out for new visa stamp, you could still be denied entry.

If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

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Customer reply replied 3 months ago
after my reentry it wont matter even if i did unauthorized work on f1 before ? Since i did give my ssn info and i will have to pay tax sometime
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 3 months ago

It always matters, you broke the law. But the law only makes USCIS deny a benefit you seek if the unlawful act was after entry. Since there is no unlawful entry after entry there would be no ground to refuse other than abuse of discretion.

Judith

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Customer reply replied 3 months ago
What about the sentence “there would be no ground to refuse other than abuse of discretion”
Does that mean that in the future, they can reject my visa or green card application because i didn’t tell them about the unauthorized work?
Immigration Lawyer: Expert James, Lawyer replied 3 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,376
Experience: Write FOR JAMES to get my help!
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Hi there. I see you opted out the previous Expert with whom you were working. When you do that, she can no longer respond to you. I am sure she wanted to continue helping you. Was this an accident? If so, I can ask the administrators to let that Expert back in so she can continue to help you. Otherwise, I can work on this question. Please let me know.

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Customer reply replied 3 months ago
No i did not like the solution she offered
Immigration Lawyer: Expert James, Lawyer replied 3 months ago

OK, well there are not always perfect solutions to every situation. Otherwise, it would be pointless to have immigration laws and regulations if everyone who has a violation would find a way to fix it easily, if at all. I will take a look to see if there is anything that can be done, but you have to set realistic expectations. Please be patient as I look over this.

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Immigration Lawyer: Expert James, Lawyer replied 3 months ago

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.

Keep in mind that my job is to provide you with information, whether the outcome is what you had hoped for or not. Only telling you what you to hear is not the purpose of this site and it doesn't do you any good. So if you are upset about the outcome but the quality of my customer service is good, please do not give me a negative rating. I am only a messenger. If you need more information, feel free to reply and let me know - I am here to help you.

ANSWER: The solution she offered is the only legal one available. We cannot tell you to lie about your work history. That is unethical and could result in losing our jobs here. And it would be a bad idea anyway. First, your Lyft employment has been reported to the federal government. If you say you never worked, then you will have lied about it. And if they find out that you lied about it, the outcome is going to be quite serious. Not only could you be denied the benefit, but if they find that you made a material misrepresentation, then you are in big trouble; the outcome could be a ban from entering the US in the future. So if you wanted a solution that encouraged you not to tell the truth, we cannot offer that. I'm sorry.

As far as the best way to deal with this, it is to leave the US and come back legally. As the previous Expert said, when you apply for a benefit, reviewing officers want to know if you've violated your status since the most recent entry. By leaving and returning, and not violating any laws or regulations since you've returned, the previous violation before you left is not considered. What we are saying about abuse of discretion is, if an officer uses his discretion and denies you a benefit you seek after you come back to the US, and bases the denial on the previous violation, then it could be considered an abuse of discretion. We are not saying YOU abused discretion, but an officer who has denied you wrongfully.

I hope that answers your questions. Despite the fact that it might not be the answer you wanted or the outcome you hoped for, I hope I have provided you with satisfactory service. After all, I cannot control what the law provides and I cannot change the law. I can only tell you what Is available to you, based on the situation you describe.

▼ 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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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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