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Applying for a visa during OPT !!

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  • Applying for a visa during OPT !!

    I graduated with MBA this August and I am currently working for a IT firm in my OPT. I would like to travel to home this December. My OPT is vaild till August 09.
    However, my F1 visa on passport expired 6 years ago. I never went back to my home country since I came to US on Jan 99.I have been full-time student all these years with valid I-20. I completed both my bachelors and masters here in the US.
    How are my chances of getting visa during this travel. I am bit worried since its been a long time since I came here.

  • #2
    OPT is limited for work in the field in your area of study. How come you are working in IT on OPT?

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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    • #3
      your chances may not be so good because it is difficult to prove non-immigrant intent when you already have a job. Also, they can question your job and its relation to your field of study (which can be easily satisfied by a letter from your employer stating that it is related)
      This is my opinion and not legal advice.

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      • #4
        OPT is an extension of the F-1 visa and you should be fine traveling out of the country with (a) your passport (b) The OPT endorsed I-20, as well as all the I-20s you ever received from the schools you attended (believe me, the immigration guys like to see lots of pieces of paper!) (c) your I-94 (which should be stamped D/S, for Duration of Status.)

        However, I'm unclear on how you have an F-1 visa that was expired for six years. OPT only lasts a year at most, am I correct? So at most, your F-1 visa from your MBA program should have only been expired for 1 year, unless you received another visa to start working...

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        • #5
          Originally posted by mvydyana
          However, I'm unclear on how you have an F-1 visa that was expired for six years. OPT only lasts a year at most, am I correct? So at most, your F-1 visa from your MBA program should have only been expired for 1 year, unless you received another visa to start working...
          One could have come on F1 as a Freshman and pursued MBA after UG, it is quite possible. 4-5 yrs for UG** year OPT+2-3 Years for MBA+ 12-29 month OPT.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            follow-up.

            I came here on as undergradute freshman, took 5 years to graduate with bachelors. Had a year on OPT and three yrs for masters. Currently I am working on Masters OPT which expires on August 09. Planning to file H1B this April.
            How are my chances of getting a visa when I travel back to my home country. Never travelled in between.
            Last edited by rxy244; 11-10-2008, 05:55 PM.

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