I posted a question on sunday but got just few answers. I would like to here more from the local professionals.
Here is a question:
This question is regarding my friend's situatiin in the USA. First of all , she is russian. She arrived in the country in December of 2011 on F-1, which was issued for one year untill December of 2012. She has been studying MBA at university here in Chicago. Her graduation date is 15th of April, 2014. Right now, she has valid I-20, which has been renewed 3-4times. The university she is studying does not provided much help getting intership. What are her oppotions legalizing her status, renewing visa, getting social security and work authorization card? Please help!
She needs to make an appointment to see the Designated Student Officer at her school as they must issue an I-20 to her authorizing optional practical training. She should have an employer lined up to do the training. She will then take the new I-20 and file an I-765 with supporting documentation to obtain her work card -- valid for one year (instructions on where to mail are on the USCIS website under Immgiration Forms. . With the work card she then goes to Social Security office to obtain a Social Security number. she can also hire an immigration attorney to help her apply for the work card.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108 | (619) 299-9600
Fax: (619) 923-3277
Former Adjunct Professor -- Immigration law
University of Illinois College of Law
When you say 'local professionals' I hope you're not talking about Chicago. US immigration law is the same in the entire US and any US licensed, and experienced, immigration attorney can provide valuable information.
Let's look at the facts:
1. You say that she came in 12/11 with a visa valid for 1 year, until 12/12 ... this fact is actually irrelevant. The minute she entered the US she was given an I-94 with D/S (duration of status) ... that document controls and 'overrides' the visa sticker in her passport.
2. The I-94 is 'tied' to her I-20 (which you state is valid until 4/14) ... as long as she stays in school and maintains her 'status' as a student, her SEVIS and D/S remains valid.
3. Her internship options, prior to graduation, are limited and ... to be honest ... in most cases it is NOT a good idea to use-up "CPT" work permit time .. .done improperly it can 'cut' into post-graduation "OPT" work permit time.
4. You haven't told us if this 'friend' is someone that you are considering getting married to, nor anything else about her personal situation. Thus, she probably doesn't have any family sponsorship/work permit options.
5. AFTER graduation she can get a 1 year work permit (OPT) ... during that time she can find an employer that might be interested in sponsoring her for a temporary (H) and/or permanent (EB-2/3) visa.
Now would be a good time for you to choose an attorney to consult and spend time exploring her personal options ... many of us use Skype, thus it need not be someone in Chicago. But, don't get me wrong, there are many very competent attorneys in Chicago.
There are numerous ways to obtain work authorization and even permanent resident status (green card) in the United States. She needs to meet with an immigration attorney who can dissect her life to see which laws she can utilize to obtain her objectives. These conversations are very private and each solution is unique depending on the particular circumstances of each client. Getting in depth about these options on a public forum is inappropriate. Of course their are canned answers but these are often only based on the facts you present - a good lawyer will want to ask his/her own questions to see if there is an opportunity that you would have missed. This is the reason why so many of my colleagues, and I agree with them, recommend meeting a qualified immigration attorney who will take the time to ask these questions. That is what I am recommending now.
Best of luck,
Khaja M. Din, Esq.
Din Law, LLC
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