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Reply to "Coworker on OPT visa"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Usually people on OPT go to H1B or L1 visas. Was she refused the H1B? I think those are easier to get than O visas. [/quote] She didn't get a H1B in the lottery. She was told she will have to leave when her OPT runs out. But per another poster if she files an O she can stay while that status is pending? No kids but OMG stressful to leave the same day you get a letter[/quote] I'm the PP with the O-visa husband. We were allowed to stay continuously in the US for many years, because we always filed our new O visa application before the old O visa expired. Right now we are allowed to stay in the US because we have filed a green card application, even though our past O visa expired. But I don't know if it's the same principle coming from an OPT status. She should consult a lawyer, or more accurately, the company's lawyer, if the company is willing to sponsor her. What she needs to remember is that immigration law is extraordinarily complex, and every rule and request has to be obeyed to the letter, otherwise USCIS has grounds to deny her application or refuse her entry at the border. If the company is not large and doesn't have experience with O visa applications, they should hire an immigration specialist to deal with this. And he or she will probably tell her she lacks the background to apply. [/quote]
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