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I was wondering how do USCIS and Homeland Security look at OPT? I only managed to work 6months out of the 1 year and stayed.

New York, NY |
Filed under: Immigration

Will USCIS and/or homeland security find out I didn't work for the last 6 months and therefore find out I overstayed? It was still in the system after 11months that I was working there. When i'll re-apply for a visa in the future will they know I didn't work for the last 6 months? How would they know? Would they call the company? How is the process?

Attorney Answers 3

  1. Sounds like you need a consultation.

    IMPORTANT: Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely on this response. Mr. Murray's response was generated without conducting a full inquiry as would occur during an attorney-client consultation. It is likely that the response above may be made less accurate, or become entirely inaccurate, as you, i.e. the questioner, disclose additional facts that should only be discussed during a private attorney-client consultation. I strongly recommend that you consult an attorney who is licensed to practice law in your state (or, in the case of immigration law, an attorney in ANY state), whereupon all relevant facts will be discussed. All responses posted by Mr. Murray on are intended as general information for the education of the public, and not for any specific individual. For persons located in New Jersey: To the extent that Mr. Murray's profile can be considered an advertisement in New Jersey, which is denied, be advised that NO ASPECT OF THIS ADVERTISEMENT HAS BEEN APPROVED BY THE SUPREME COURT OF NEW JERSEY. Furthermore, the selection methodology for the SuperLawyers' "Rising Stars" awards is set forth at length at this website:

  2. So you want us to tell you all this information so you would know how to game the system?

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.

  3. The question is not whether anyone will find out. You must answer the questions on a visa application truthfully

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