How soon can I start working?

pbui97

New Member
I was hired by a hospital shortly after I graduated from college, and they ageed to sponsor me for an employment based work visa. i have a general idea of that the process looks like and the approximate length of time that it takes to process, so I thought of applying for OPT so that I could work right out of college. However, due to some unfortunate circumstances that led me to erroneously mail the application, and then missing the time window for OPT, I don’t have an EAD card. Right now I’m currently out of status because my F1 expired a few weeks ago while I was unknowingly waiting for USCIS denial response after mailing them another copy of my app but didn’t make it on time. How would not having this work authorization card affect the PERM - i140 process? I just want to know how soon can I start working without my OPT?
 

wagecuck3

Member
The PERM/I-140 process can continue even though you are out of status, and even if you leave the US. However, you most likely won't be able to proceed to the adjustment of status stage. You have to leave the US and return on some kind of nonimmigrant work visa (J-1, H-1B, etc) and then apply for adjustment of status. Or, you have to leave the US, wait for your I-140 to be approved, and then apply for an immigrant visa.
 

pbui97

New Member
is the following scenario plausible? I am looking to get reinstated into my F1 status by filling out i539 and I actually do want to go to grad school. I plan to use this time as “borrowed” time so I can stay in the US while waiting for the work sponsorship to process. and because I have not used my OPT from undergrad, I still have OPT for grad school and I can file another I765 when I graduate from my graduate program, correct?
 

wagecuck3

Member
You need to have a valid basis to apply for an F-1 reinstatement. If it was merely due to your own misunderstanding of the rules for applying for OPT, you probably won't be approved. You need to discuss the details of your case with a lawyer.
 
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