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My visa expried but my OPT still active. Is I am eligible to get new I-20 to stay on status.

Mahwah, NJ |

I cam to usa 2007 and my visa got expried but my OPT still in active status and this will expries on Dec -2012. So, what are the ways to stay hear after Dec. Please advise me. I am married and my wife also in f1 visa. Please advise me.

I talk to one of School DSO and he says he can able to provide the new 1-20 but he also syas you need to go to home country to recive the new visa. My question is I am saty in leagal status, with new school I20 and expried visa??

Attorney Answers 4

  1. Talk to your foreign student adviser ... you are probably still fine .. the visa in the passport isn't as important as the I-94 & I-20

    IMMIGRATION LAW PROFESSOR for 10 years -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

  2. You will need to ask your DSO whether you can get an new I-20. Otherwise, your only option is to change status to F-2

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

  3. With valid OPT you should have a valid status to be engaged in OPT related work. Depending on your school's agreement, you may need to get enrolled in a new school or just get new I-20.

    This advice does not creat an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential.