I have been having issues with my OPT application process. My OPT has been denied in November 2016, after having submitted my first application in April 2016. The reason for denial was that my complete application was submitted more than 30 days after my international adviser at my university approved me for OPT. I filed I-290B in January 2017 for a motion to re-open the application, and I am still waiting on the response. I have been working full-time since July 1, 2016. Now my employer wants to apply for H1B and I am not sure if it would be a problem that I have been working while OPT application and the motion to re-open it after it has been denied were in process that whole time.
If you win the appeal, then your work was authorized. If not, your work was without authorization. It does not appear that you are in lawful status at this time.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
You don't have valid status at the present time, nor are you authorized to work. Should your appeal be granted, you will then be deemed to have been in valid status retroactively.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 23 years of successful immigration law experience. The answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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