Here on a student visa, hoping to stay after I graduate?

[rangers_texas 2]

I am here on a student visa which doesn't expire until May 2013; however, after this semester I will only have 8 hours remaining to graduate. I am on a golf scholarship and want to stay here after I graduate. From what I understand my visa will become void when I graduate and stop going to school. What are my options to stay?

Also I have thought about the OPT, but I am unsure about how that works. I understand I have to get a job which is directly related to my major. Any advice about that? I am a recreation major and would like to work at a country club or a golf course.

Next question is I have a girlfriend who is a US citizen, we met at junior college in February 2009, i was here for around a year and 7 months before I met her. I wasn't planning on staying here after college but as things have turned out I would like to. We have been dating for nearly two years and she has been home with me to Scotland the past two Christmases. If i was to get a OPT and we got married while I was on a OPT, can I apply for an AOS?

I have done everything by the book to get my student visa and have stuck to the regulations of it so would there be any problem? Also do I need to take 12 hours at college for my visa to be valid?

Thanks in advance for your help!

[Penguin_ie 5,994]

OPT is definitely your best option, or getting married now if you are ready. If you are very good at gold, you may be able to get an athlete's visa that way.

[jaycali 415]

I am here on a student visa which doesn't expire until May 2013; however, after this semester I will only have 8 hours remaining to graduate. I am on a golf scholarship and want to stay here after I graduate. From what I understand my visa will become void when I graduate and stop going to school. What are my options to stay?Also I have thought about the OPT, but I am unsure about how that works. I understand I have to get a job which is directly related to my major. Any advice about that? I am a recreation major and would like to work at a country club or a golf course.Next question is I have a girlfriend who is a US citizen, we met at junior college in February 2009, i was here for around a year and 7 months before I met her. I wasn't planning on staying here after college but as things have turned out I would like to. We have been dating for nearly two years and she has been home with me to Scotland the past two Christmases. If i was to get a OPT and we got married while I was on a OPT, can I apply for an AOS?I have done everything by the book to get my student visa and have stuck to the regulations of it so would there be any problem? Also do I need to take 12 hours at college for my visa to be valid?Thanks in advance for your help!

Go with OPT. If you're graduating, it's a fairly easy and quick process. Your International Student Advisor at school should have all the knowledge needed to apply. You are eligible as long as you're graduating from a bachelor program or higher. It takes roughly 90 days from application until your work authorization card arrives in the mail. There are no specific or concrete rules as to how closely related the work as to be, but a general guideline is that the position requires at least a bachelor's degree, and can be related to your field of study. How closely related really is a fine balance of interpretation vs not insulting the intelligence of the USCIS. Also, usually, you may not accumulate more than 90 days of unemployment during OPT, but I'm not sure about this now. When I was on OPT in 2010, they had relaxed that rule due to the financial crisis. I consulted my International Student Advisor at my school every time I had a job offer and she was very helpful.

As for marriage. Yes, you may adjust status while you're on OPT from F-1 to LPR. I'd wait until you're both ready of course, but if you marry and file AOS at least 90 days before your OPT expires, you can work legally on OPT until your new EAD card (from AOS) arrives in the mail. Once your new EAD card is received, you can work any job.

Don't worry about intentions when applying for the student visa. If you attended a full degree in the US, the USCIS understands that it's possible to fall in love and change intentions during a 4 year program of study. Preconceived intent is usually only an issue for people adjusting from tourist visas.

Edited March 6, 2012 by jhsm85

[rangers_texas 2]

Go with OPT. If you're graduating, it's a fairly easy and quick process. Your International Student Advisor at school should have all the knowledge needed to apply. You are eligible as long as you're graduating from a bachelor program or higher. It takes roughly 90 days from application until your work authorization card arrives in the mail. There are no specific or concrete rules as to how closely related the work as to be, but a general guideline is that the position requires at least a bachelor's degree, and can be related to your field of study. How closely related really is a fine balance of interpretation vs not insulting the intelligence of the USCIS. Also, usually, you may not accumulate more than 90 days of unemployment during OPT, but I'm not sure about this now. When I was on OPT in 2010, they had relaxed that rule due to the financial crisis. I consulted my International Student Advisor at my school every time I had a job offer and she was very helpful.

As for marriage. Yes, you may adjust status while you're on OPT from F-1 to LPR. I'd wait until you're both ready of course, but if you marry and file AOS at least 90 days before your OPT expires, you can work legally on OPT until your new EAD card (from AOS) arrives in the mail. Once your new EAD card is received, you can work any job.

Don't worry about intentions when applying for the student visa. If you attended a full degree in the US, the USCIS understands that it's possible to fall in love and change intentions during a 4 year program of study. Preconceived intent is usually only an issue for people adjusting from tourist visas.

Thanks for your response. The problem I have is that I could graduate in the summer but would that give me enough time to get my OPT taken care of?

If I was to try and play professional golf is that a whole different application? I'm guessing the OPT won't cover it as I wouldn't actually be employed?

With regards to marriage, it probably won't happen within the next year, maybe, but probably more than likely next summer. And if I graduate in December then that should work out fine. Now, is it legal for me to start looking for employment now for after I graduate or does that go against the student visa rules for seeking employment?

Thank you

[jaycali 415]

Thanks for your response. The problem I have is that I could graduate in the summer but would that give me enough time to get my OPT taken care of?

Yes. You may apply before you graduate. I don't remember exactly but I believe you can apply up to 90 days before planned graduation. You can apply up to 60 days after graduation too. You just cannot work until you get your EAD card. You'll need a new I-20, so talk to your international student advisor.

If I was to try and play professional golf is that a whole different application? I'm guessing the OPT won't cover it as I wouldn't actually be employed?

Correct, you cannot play professional golf on OPT, unless your major was at least sports related. Even then, there are entirely different visas available to professional athletes.

With regards to marriage, it probably won't happen within the next year, maybe, but probably more than likely next summer. And if I graduate in December then that should work out fine.

Get married when you're ready. You can stay in the US legally for up to 60 days after your OPT expires too, this is called grace period. You may not work during grace period. Remember though that timing is essential when it comes to immigration. It is legal to take that into consideration when getting married, as long as the marriage itself is bona fide. You can file AOS at any time during your OPT or grave period and still be lawfully present while it's processed.

Now, is it legal for me to start looking for employment now for after I graduate or does that go against the student visa rules for seeking employment?Thank you

Yes. There is no law against you applying for jobs, or even going to job interviews. The violation occurs the minute you accept the employment and begin to work. So feel free to look around. If you're closing in on graduation, feel free to go to interviews. Just don't start work until your EAD card is in your hand. You'll need that card to full out an I-9 anyway.

If you have a competent international student advisor, use then for all they're worth. My international student advisor at my school had helped hundreds if not thousands of students apply for OPT, and she was just as knowledgeable as any lawyer. The process was so incredibly smooth I was actually surprised.

Edited March 6, 2012 by jhsm85

[rangers_texas 2]

Yes. You may apply before you graduate. I don't remember exactly but I believe you can apply up to 90 days before planned graduation. You can apply up to 60 days after graduation too. You just cannot work until you get your EAD card. You'll need a new I-20, so talk to your international student advisor.

Correct, you cannot play professional golf on OPT, unless your major was at least sports related. Even then, there are entirely different visas available to professional athletes.

Get married when you're ready. You can stay in the US legally for up to 60 days after your OPT expires too, this is called grace period. You may not work during grace period. Remember though that timing is essential when it comes to immigration. It is legal to take that into consideration when getting married, as long as the marriage itself is bona fide. You can file AOS at any time during your OPT or grave period and still be lawfully present while it's processed.

Yes. There is no law against you applying for jobs, or even going to job interviews. The violation occurs the minute you accept the employment and begin to work. So feel free to look around. If you're closing in on graduation, feel free to go to interviews. Just don't start work until your EAD card is in your hand. You'll need that card to full out an I-9 anyway.

If you have a competent international student advisor, use then for all they're worth. My international student advisor at my school had helped hundreds if not thousands of students apply for OPT, and she was just as knowledgeable as any lawyer. The process was so incredibly smooth I was actually surprised.

Thank you very much for all your help! My major is recreation which is related to golf, but I think the best thing to do would be to get an actual job where I am employed.

[rangers_texas 2]

Also what is the process of changing my status when I do get married? Like what forms and stuff?

Thanks!

[Penguin_ie 5,994]

When you get married inside the USA, you follow this guide to adjust status: http://www.visajourney.com/content/i130guide2

[rangers_texas 2]

When you get married inside the USA, you follow this guide to adjust status: http://www.visajourney.com/content/i130guide2

Thank you very much!

[jaycali 415]

Thank you very much for all your help! My major is recreation which is related to golf, but I think the best thing to do would be to get an actual job where I am employed.

I think so too. You only get 90 days of unemployment on OPT and I don't know how that would work in terms of professional golfing lol.. Besides, there are entirely different visas available to professional athletes, so it may or may not be appropriate for OPT - your international student advisor will know.

On a side note: The 90 days of unemployment I'm not entirely sure of. It's the rule, but when I was on OPT in 2010 we were informed that it was temporarily not enforced because of the bad economy. Don't know if that's the case or not anymore.

[Zach&Lara 25]

I am here on a student visa which doesn't expire until May 2013; however, after this semester I will only have 8 hours remaining to graduate. I am on a golf scholarship and want to stay here after I graduate. From what I understand my visa will become void when I graduate and stop going to school. What are my options to stay?

Also I have thought about the OPT, but I am unsure about how that works. I understand I have to get a job which is directly related to my major. Any advice about that? I am a recreation major and would like to work at a country club or a golf course.

Next question is I have a girlfriend who is a US citizen, we met at junior college in February 2009, i was here for around a year and 7 months before I met her. I wasn't planning on staying here after college but as things have turned out I would like to. We have been dating for nearly two years and she has been home with me to Scotland the past two Christmases. If i was to get a OPT and we got married while I was on a OPT, can I apply for an AOS?

I have done everything by the book to get my student visa and have stuck to the regulations of it so would there be any problem? Also do I need to take 12 hours at college for my visa to be valid?

Thanks in advance for your help!

If You got married while on OPT, You could file your AOS. That way, when your EAD Card arrives, it doesn't interrupt your work. If You have maintained your status as a student, there should be no problems whatsoever. Use your International student advisor to apply for an OPT. I know mine did when I was on f-1 and that greatly helped me. If you and your girlfriend feel like marriage is the next step, then absolutely, you can file AOS