on OPT but have not found a job for more than five months

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vidshank02

Registered Users (C)
Hi

First of all i want to thank the ones that started this site. I have a rather peculiar situation that i had hard trouble finding any information i could use. So I apologize if im starting this thread here. I feel it might be useful for anyone who is in my situation.

I have been issued an OPT that expires on July 27 2011. But the thing is Due to the recent economic hard times I havnt been able to secure myself any job (am an Illustration grad) for five months.I am planning to leave to my home country by the end of this month and return back to marry a resident with whom i have been in a relationship for two years.

I am wondering 1) If by currently staying in US in my OPT and not having found a job for five months, am i overstaying my visa?? 2) Would i have issues with my re-entry when i want to come back to marry a legal resident?

Any light on this issue will be of great help
 
OPT requires employment. Periods of unemployment is limited to 90 days. Your DSO should have been kept up to date with your job information. Go and speak with that office at the university tomorrow.

You have no right to return to the US - even to marry. Marriage to an LPR grants you no immediate rights to enter or remain in the US. You should be denied entry if you attempt to do so without a legitimate job.

If your fiance is a USC, he/she should petition for you as the fiance of a USC and you may enter once that visa is granted. You must then marry within 90 days.
 
When i told my DSO about my situation they suggested that if am closer to getting a job then i dint have to hurry leaving the country and that i should try and get into a job. But as you suggested i will talk to her and see what are the legalities involved.

And also it was my Bad..My Fiance is a US Citizen and not just Legal permanent resident. I was aware of the fiance visa like you have suggested but my question is..will i have trouble getting the visa due to my over stay under OPT?

thank you
 
Could anyone please tell me if i would have problem at the time of applying for a fiance visa?? and also is it better to get married in US (since im already here) and apply for a change of status ??
 
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