Immigration Issues/job offer


Followup To
Question -
I have been in the United States for 8 years legally. Currently I am on F-1 visa (expired though) doing my OPT program, which expires Aug. 31. I know I have 60 days grace period to leave the country, but for several reasons, I would like to stay until the end of December. What will happen if I overstay by 2 months? Will I have a record? Will I be banned from the USA? Do they fingerprint you when you leave the USA?

Thank you very much.
Answer -

Thanks for your quick reply. Another question: I might be offered a managerial job (currently I'm on OPT, which expires Aug. 31) and the company is okay with sponsoring me. I've read that the H-1 visa has reached its quota, and stopped issuing them. I think the next fiscal year starts Oct. 1. I know I can stay in the country legally until Oct. 31, but after Aug. 31 I cannot be employed. What can be done?

Thanks again.

nothing serious, although it will be noted in your file.  However, if you stay in the US more than 180 days out of status you will be barred from re-entry for 3 years.  If you stay for 1 year out of status, 10 years out.

Good luck.

I usually advise people not to do the OPT program since it has some pretty serious restrictions about leaving after the training program.  You will need to leave, stay out during the period in question, and then return when you have your visa.  

Make sure your employer gets an immigration attorney to handle it for them. It is very complicated and confusing and needs to be handled by a professional.  Frankly, it has been awhile since I have done an H1 and I would want to really bone up on it myself.  Things have changed.

Good luck.

Immigration Issues

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Alexander J. Hay


I am a U.S. lawyer with offices in Houston, Texas and in Belize. I can answer questions on U.S. Immigration, U.S. corporate law, and Offshore Tax and Asset Planning.
If you are on an H or L visa I am NOT GOING TO ANSWER your questions since they are usually highly fact oriented, and also you have a company attorney handling the whole thing. Call your own attorney please! If you disregard this request, don't be surprised if I answer with "homework question".


I am a U.S. attorney with offices in the United States and Belize. I have experience helping to protect assets, reduce taxes, and improve investment performance by utilizing global investment techniques.

Harvard University, A.B. degree; University of Houston Law Center, J.D. Degree; Fulbright Scholar

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