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Immigration Issues/my OPT expires on December 31st.


Dear Ramasamy Krishnan

My OPT expires on December 31st, but I am getting job offers now.
However, I am a photojournalism major and want to work for a newspaper in America, so I can't leave the job after my grace period(March 2nd or 3rd of 2008) until my H-1B visa is issued (October of 2008).
(They need me to work for them daily for me to keep that job during that time.)

Some lawyers told me that I can switch to B-1 visa and work voluntarily for that 7-8months without gettitng paid.

So, my first question is: can I really do it?
I got a job offer from one newspaper, and they told me that I have to withdraw the acceptance because not paying me for 8months is against the federal law.

My second question is: is there any other way for me work until I get the H-1B visa.
Because it doesn't make any sense.
There's gotta be some way to do it.
If I can't do anything about it, all the students, who graduate in December, get the OPT starting in January and cannot apply for H-1B visa by the April of the same year, would be screwed?

Satoshi:  You can apply for B-1 visa but I am not sure if they will approve it. In most cases it will not be granted. I would not try it the gap is too long. And you certainly cannot work voluntarily.

You should try to get back to F-1 status or you can try for an O visa if you qualify.

Ramasamy Krishnan
Attorney at Law  

Immigration Issues

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Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

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