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Change of status from F1 (OPT STEM extension) to J1 after working for non e-Verify employer

Boulder, CO |

I have been working for a non e-Verify school in the status of F1 OPT STEM extension since this Aug. This mistake was unintentional and only surfaced when I contacted our international office to transfer my status to J1 (since my F1 status will expire next Feb). As a result my employment will be terminated later this month, and the international office suggested that I should apply for J1 from my home country. According to them, the fact that I am currently out of status means that I will be unable to change my status using I-539 from within the US, but should not prevent me from getting a new J1 visa from outside the US. What do you think about these two options? Are there other ways to legitimize these 4+ months of "unauthorized employment"? Thank you so much for your input.

Thanks for your answer, Dr. Capriotti. For your information I am from China. My main concern is that I may be denied reentry indefinitely if I apply from China. Any input is welcome.

Attorney Answers 1

Posted

You forgot to tell us what country you are from.

Since the foreign student adviser has more information than we do ... I suggest that you listen to him/her.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.

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