While working on optional practical training (OPT) in F-1 status, my H1B petition was filed by my employer. The USCIS issued a request for evidence (RFE), …

… requiring more information on the job offer and maintenance of F-1 status. My employer responded, but the USCIS denied it, noting that I failed to maintain valid F-1 status. Can I continue working on OPT, since it does not expire for a few more months? If not, can I transfer to another program of study?

Answer

Once the USCIS makes a finding of an F-1 status violation, the student starts to accrue unlawful presence and must either leave the U.S. or apply for reinstatement based on enrollment into a new program of study. Therefore, you are no longer authorized to continue work on OPT. However, you may be able to transfer to another program and apply for reinstatement to F-1 status. Because of the nature of the violation, a specific course of action should be based on your individual circumstances, which you should discuss with a knowledgeable immigration attorney. (30.Sep.2016)

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