Anonymous wrote:This seems like a very long shot to me. Unlikely to pan out.

It is important to avoid being deported or getting caught overstaying, as that can lead to a long term ban from the US.

What about a B visa?

You generally can't work on a B visa other than attending a conference or short training etc.

This seems like a very long shot to me. Unlikely to pan out.

It is important to avoid being deported or getting caught overstaying, as that can lead to a long term ban from the US.

What about a B visa?

Anonymous wrote:I had a coworker in this situation and she managed to meet a guy and get pregnant in less than 90 days.

So? That’s still not a right to stay. She’d need a fiancée visa, and again, she would probably need to file before the expiration of her previous visa.

I had a coworker in this situation and she managed to meet a guy and get pregnant in less than 90 days.

Anonymous wrote:

Anonymous wrote: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.

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

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.

Anonymous wrote: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.

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

Following as I have a colleague in the same situation.

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.

She might be allowed to stay while her application is pending IF she files before the OPT expires.

BUT -

My husband has been on several O visas over the years. It takes months or years to put together the application, with a lawyer's guidance, and frankly, it takes a lot of professional achievement to get one approved. My husband once fielded a request by USCIS, that if he was in the possession of a Nobel Prize, to add the certificate to his supplementals (sure, when he gets his Nobel, we'll get right on that).

So while an application might be filed in time, it's unlikely that in the short amount of preparation she has, and with her background, her visa will be approved. And the problem with that is that since she will not be on OPT when the rejection comes, she will be legally obligated to leave the US immediately upon receipt of the denial. Like, same day or next day. So hopefully her lawyer will tell her all this, because if she has kids and pets and furniture and whatnot, it will be very stressful to effectuate an immediate move. Abiding by the terms of the denial is critical if she ever wants to visit the US again after that. Otherwise they might just refuse entry the next time she comes over.

We have an employee on an OPT visa. She graduated from grad school a year ago.

She's fine - but nothing out of the ordinary.

She didn't get a H1B. She's now saying our CEO (midsize non profit) is going to talk to State to get her an O visa.

Her OPT visa runs out next month. What are the odds this gets done by then?