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Guillermo Senmartin
Guillermo Senmartin, Attorney At Law
Category: US Law
Satisfied Customers: 113897
Experience:  Over 12+ years of experience in various areas of U.S. Law and 15+ years of experience in U.S. Immigration Law..
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Its more than 5 moonths since my i20 has expired. I had to

Customer Question

Its more than 5 moonths since my i20 has expired. I had to travel back to India because of the death of my father. I wish to come back to US for getting employment on OPT. I have graduated(Masters degree finished), so there is no more coursework for me.
What are my options from here? Reinstatement of i20 or Reentry on new F-1? I just don't want to wait another year to start my OPT employment.
Submitted: 1 year ago.
Category: US Law
Expert:  Guillermo Senmartin replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

Expert:  Guillermo Senmartin replied 1 year ago.

Sorry for the delay. My condolences for the loss of your father. Have you spoken to your Designated School Officer about this situation? I am doing research, but for now I have not found that you can reinstate after graduation and leaving the U.S. Have you also considered CPT? H-1B for next year?

Customer: replied 1 year ago.
I have considered CPT and H-1B.My understanding is that for CPT to work, I have to be a full-time student. H-1B is another option, but I think that depends a lot on H-1B lottery.I would like to avoid going back to school to get a CPT, and I also think that I have to wait an academic year to get off-campus placement. With H-1B, again I don't want to risk the lottery and also I will require a willing employer.With OPT, an employer is not bound to sponsor me and I think I may have more options that way. What would be the fastest way to come back to US? F-1 or H-1B? I want to start my employment to support my family... :(
Expert:  Guillermo Senmartin replied 1 year ago.

Sorry about the delay. I had a family emergency over the weekend. I had to do some additional research but unfortunately, I don't see any way that you can recover that OPT unless you get into a doctorate level program. You could do CPT and OPT through that level, or CPT through a same or lower level than what you have currently. As I said, the other option is to go for an H-1B. Obviously, if you went for a cap-subject H-1B, you would have to apply April 1, 2017 to start work October 1, 2017 unless you found a cap-exempt job and those are at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization. Those are not subject to this numerical cap.

Here are a few links to find H-1B jobs (try to find a cap-exempt employer):

I wish I had better news for you, but the options are limited at this time. Again, my apologies for the delay.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo Senmartin replied 1 year ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!