Asked in Employment Law and Immigration Law for New York

Q: How can an international student convert his residence permit into work or any other?

I am an international student at the university in the USA; I have got time-limited residence permit for study-purpose and I have got 1 year left before graduation, but I'd rather not want to finish it and want to begin to work asap, but I can't because of my residence permit for study-purpose. I want to settle in the USA and don't want to go back to my country of origin. Can I convert my residence permit into work or any other? If I graduate, what time do I have to reside in the US? What could I do legally to not leave the US?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: As an international student, your options for staying in the US after studies depend on your current visa status and future plans.

If you're on an F-1 visa, you can apply for Optional Practical Training (OPT), which allows you to work in your field of study for up to 12 months after graduation. STEM degree holders may qualify for an additional 24-month extension. During your OPT period, you could seek employment with companies willing to sponsor you for an H-1B work visa. The H-1B application period typically opens in March, with work beginning in October if selected in the lottery.

Alternatively, you could explore other visa categories like the O-1 for individuals with extraordinary ability, or consider pursuing advanced education to extend your stay. It's crucial to maintain valid immigration status throughout this process - abandoning your studies could jeopardize your legal status and future immigration prospects. Consider scheduling an appointment with your university's international student office and consulting an immigration attorney to discuss your specific situation and develop the best strategy for achieving your goals legally.

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