F1 status, complicated situation

[rAcH85 0]

Hello Everyone,

I would like to start by congratulating the creators of this site, the wonderful moderators and helpful contributors for the wonderful job that is done on this site. I was browsing through the forum for answers, however, seems like I have an odd situation and couldn't find a case/question that is similar to mine.

Background:

- Came to the United States at the age of 15 with family on a tourist visa. Applied for change of status to H4 and attended high-school and college.

- Turned 21 and applied for change of status from H4 to student status (F1). Parents applied for AOS after i turned 21 and hence I couldn't qualify under the Child Status Protection Act.

- Graduated with Bachelors and received 1year OPT. Completed OPT and enrolled in a certificate program. After completing the program I received another OPT, which is about to expire.

My employers are willing to file for my H1, however due to a little delay we couldn't file it this year and are hoping to do it next year.

My OPT expires in September, and my advisor told me I could re-enroll as a student to maintain my legal status. However, I won't be able to work during this time, unless I get my internship approved.

Also, on July 15, President Obama passed a law regarding deferred action for undocumented people, where 2 years work-permit would be issued. However, I am not illegal..would I still qualify under the act even though I meet the requirements to apply?

I also, read on an attorneys site that I could possibly file for AOS while i am on F1 status (not visa), which states "Change of Mind or Intent: The US immigration law does not prohibit F-1 status holders from changing their mind and deciding to pursue permanent residency once they arrive in the US . As a matter of fact, I-485 was systematically set up as a legal conduit for non-immigrants to change their status to permanent residents." Its a big article and I am not sure if I can post external links on this site, so decided to quote the intent part.

My question is, what do I do? I am lost, confused and stressed. I want to continue working, and I honestly am looking for solution rather than continue dragging it.

Your help and friendly comments are very much appreciated.

Thanks :-)

Edited July 1, 2012 by rAcH85

[canadian_wife 1,826]

Well, under what terms would you adjust status? Who would file the petition for you? You cannot file the petition for yourself.

You could enroll for school and your additional OPT - I do not believe that you must complete OPT after your education, you may apply for it as long as it is directly related to your major

Alternatively if you have an internship, what about a J-1?

Good luck

[Harsh_77 718]

First – you would not qualify under the Obama amnesty program.

Second – yes change of mind or Intent is available to you and when you file for your H1 that is what exactly you would be using.

You will transfer from F1 to H1 under the change of mind.

Perm residence, for that someone has to file for you, either you parents or your employer or you get married and your spouse is USC than your spouse can file for you.

Hope this help.

[rAcH85 0]

Thank you for your replies.

I don't think I qualify for J1 :-(

Sadly i dont qualify for many things..

Would going out of status qualify me for the Obama amnesty program-- deferred action? Reason i ask is, i have seen a trend where these laws favor undocumented immigrants most of the time.. Doing everything correct legally since the last 13 years is only consuming time and adding to my misery.. I am sorry, i am just a lost case at this point.. I mean i cant "live" or "move" freely.. Sadly i did not have a say when i came here but i do now but laws dont favor me..(venting frustration)..*sigh*

I guess Going to school again, interning at my current place of work, and getting an EAD card would be the legally correct option at this time.. And have them file for my H1 next year? Your thoughts?

[Harsh_77 718]

Thank you for your replies.

I don't think I qualify for J1 :-(

Sadly i dont qualify for many things..

Would going out of status qualify me for the Obama amnesty program-- deferred action? Reason i ask is, i have seen a trend where these laws favor undocumented immigrants most of the time.. Doing everything correct legally since the last 13 years is only consuming time and adding to my misery.. I am sorry, i am just a lost case at this point.. I mean i cant "live" or "move" freely.. Sadly i did not have a say when i came here but i do now but laws dont favor me..(venting frustration)..*sigh*

I guess Going to school again, interning at my current place of work, and getting an EAD card would be the legally correct option at this time.. And have them file for my H1 next year? Your thoughts?

Unfortunately most of the amnesty programs are only designed where one of parties would win major voters.

They never favor the ppl who have done everything legal and have been legal in the system.

That would be your call if you would want to become illegal then go from there or you would want to continue as a legal immigrant and file for H1.

From your original post it is clear that your employer missed your H1 application, for things like this you have to be on top of your employer to make sure they file for your H1 on time.