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Immigration Issues/Regarding OPT EXENSION-""USA VISA EXPIRES""


Iam Kumar ,this is my first Topic/Issue to be posted.
My Student US Visa Expires on May10th 2010.(05/10/2010),now Iam on MY OPT,
My Opt started on Oct15th 2008-Expires Oct14th2009,
I want to Extend my OPT for 17 months more that could be until May 2011,but my Student Visa expires before that (may2010).
I dont want to apply for H1 This year ,and i want to Extend my OPT for 17months .

1.what my Question is will my OPT Extends ?
2.Is there any person faced the same situation?
3.what is the minimum requirements for opt extension?

Please help me.

Thank you

Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Kumar,

You might have to rephrase question 1, but I can answer questions 2-3.

2.  I think a lot of students such as yourself are looking to extend OPT.  For obvious reasons, many students I work with have not been able to find jobs this year.  But you must remember that the 17 month OPT extension is only for those students studying in the fields of Science, Technology, Engineering and Mathematics (commonly called "STEM major."   The USCIS has published a list of majors that relate to those fields under "STEM."  

3.  The minimum requirements for the OPT extension are that you are a STEM major (check with your international student officer if you are unsure if your field of study might be considered a STEM major if you are unclear).  Other requirements in general, are that you have not worked without prior OPT authorization, you have not overstayed, and that you did use your OPT in a field that furthers your field of study.

Good luck and feel free to follow up with other concerns.

Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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