Backdated Unauthorized Employment F-1

[worrier2013 0]

Hi all,

I am a senior college student graduating in three months (May 2013). I recently discovered that a two-month internship (March 2012-May 2012) which awarded me a 600-dollar stipend was indeed considered illegal employment (I did not have OPT/CPT during that time). I did not think the stipend constituted an employment, but now I finally understood. I have traveled internationally and re-entered US twice with a new F-1 visa after the internship till now.

(1) I have NOT reported this to the international office of my school. If I do, can I still attend classes for the rest of the semester so I can graduate? Or I will need to depart and come back, if granted entry, for the next semester? What are the consequences? Does me bringing myself to them give any relief to me?

(2) How many days of unlawful presence have I accrued?

(3) I have a company to sponsor me with H1-B visa. However, if I can completely resolve the illegal employment issue, I am willing to give up the opportunity. The job was what I have fought for the rest of my college life, but I want to be honest and "clean". I do not want the illegal employment issue to haunt me later.

Thank you for answering. I sincerely appreciate any help.

[CC90 90]

(1) I have NOT reported this to the international office of my school. If I do, can I still attend classes for the rest of the semester so I can graduate? Or I will need to depart and come back, if granted entry, for the next semester? What are the consequences? Does me bringing myself to them give any relief to me?

Your status will be immediately terminated and you will have to reapply for a student visa with a new I-20, which is likely to be denied. No relief will come by reporting it.

(2) How many days of unlawful presence have I accrued?

Officially, zero.

(3) I have a company to sponsor me with H1-B visa. However, if I can completely resolve the illegal employment issue, I am willing to give up the opportunity. The job was what I have fought for the rest of my college life, but I want to be honest and "clean". I do not want the illegal employment issue to haunt me later.

245(k) relief typically only applies to adjustment of status cases. I'd get legal advise in this case if you're worried about it. This forum is not going to be able to provide you with the advice you're seeking.

Edited March 7, 2013 by CC90