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CPT Violation and future OPT and/or H-1 Applications

Discussion in 'General F Visa and Related Issues' started by Javi F, Nov 14, 2017.

  1. Javi F

    Javi F New Member

    I am new to the forum, and hoping to get some advice from all you knowledgeable people here. I did visit an immigration attorney on this matter but she was very uneducated on this specific case. Here is the situation

    I entered the U.S. under F-1 status on August 2013 to obtain my undergraduate degree in architecture. I graduated from said program on May 2017, and transferred my status to start my graduate studies on Fall 2017. I left the U.S. to renew my passport under my new I-20 (for my graduate studies), and made it back just fine. I will be graduating from my masters on 2019.

    During 2016, I worked full time for an architecture firm under CPT approval. However, I continued to work for them for about 8 months after the CPT expired for no more than about 10 hours a month. I was on their payroll system, and will have to file taxes on this work.

    Besides that violation of CPT, I have not violated my F-1 visa in anyway.

    My questions are:
    1) How likely is it that Immigration will check my IRS records and catch this rather low amount of illegal work when I apply for an H-1 work visa.
    2) Should I still apply for OPT post graduation, or would they check my IRS records then and potentially deport me?
    3) If I leave the U.S. post graduation, and apply from home for either an H-1 or additional F-1, would they still check my records and catch the illegal work?

    I do have several employers willing to offer me a job at their companies.

    Thank you!

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