F-1 Visa

If you work without authorization on purpose, it is important to understand the implications. One is your violation of status which is much easier to fix and the other one is if you lie about it in any immigration proceeding. The first one, lets say you are close to getting an H-1B and you have three months or six months or even a year of working without authorization. In a worst case scenario you will have to go outside for H-1 visa stamping. You will not get your change of status. Make sure there is no history of misrepresenting your work status to the government. The moment you prevaricate or you lie about your situation to gain an immigration benefit you have committed a felony which is punishable by five years  and also it is a permanent bar from entering the US. Make sure you understand that lying about work authorization or working without authorization is much worse than actually doing it. 

But what happens when you do it inadvertently?

For ten days you work without authorization not realizing you don't have the authorization, then it is a very small violation. The government might ignore it and let it go. It is called de minimis. It simply means it is a minimal problem. Hence the point is if you have violated the law inadvertently and unknowingly by mistake you have several options. First of all disclose it when you file the H-1B and if you have fallen out of status talk with your DSO and act upon their advice. They might tell you to apply for reinstatement which should be readily given.

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

1. If you file it as a consular processing you can continue working on F-1OPT for that company or another company.

2. Absolutely.

3. That depends upon which country you were born in. If you were born in India that's not such a great deal.

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

My recommendation would be to just use the green card EAD. You cannot do interfiling because then your son would lose his CSPA protection.

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-who-is-eligible-to-become-a-naturalized-us- citizen/articleshow/89116038.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst