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F1 Visa expiring, can't get a job, but have a B1/B2Visa

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  • F1 Visa expiring, can't get a job, but have a B1/B2Visa

    A friend of mine is currently in the US on an OPT extension of her F1 Visa. Her OPT extension expires on July 7th and the grace period ends Sept 7th.

    She also has a B1/B2 Visa.

    She has been in the US since January 2016 on her F1 visa, and has been working for the past year under her OPT. She did not get rehired so is now facing getting a job in her field (she has a doctorate in music) before the end of her grace period, which is nearly impossible because the job openings in her field in colleges are very limited.

    She also needs to go to conference in Europe in July and it is our understanding that she should not leave because re-entry is luck of the draw, and depends on the mood of the official she will speak to when trying to re enter the US.

    We both have questions, and hopefully someone here might be able to help.

    What jobs would qualify her for an H1B visa? Her lawyer gave her unclear answers to this. Does it need to be music related, or can it be a job that simply requires a bachelors degree? For example, a human resources position or something similiar.

    If she can't get a job and needs to re enter the country, can she use her tourist Visa to do this?

    She mentioned changing the status of her F1 Visa to a tourist visa, would that be necessary as she already has a tourist Visa?

    is it possible for her to stay in the country?

  • #2
    Irrespective of what jobs qualify her for a H1B, that is not an option to you guys, since the H1B quota for 2018 is full viz., she would be able to apply for H1 only in April 2018 so as to begin working from Oct 2018 onwards.
    She can always use her visitor visa to enter the US, but she will not be able to work, and her stay would be for as long as the time allocated by the CBP officer during entry, which is typically for a mx. of 6 months.
    Just an opinion; Not legal advice.

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