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Shootme1143

POE issue:OPT chemistry grad

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I did masters in chemistry and presently on OPT extension and working for IT company. Recently I visited India and while coming back to USA I was caught to officer at POE . I sent for second round check, Another officer questioned me Being a chemistry graduate how come you are working for IT company . I replied like I have done short term course related to IT job after my graduation with my personal interest towards software from the beginning and joined in the job.

But he was not convinced and wanted me to show any document which will support your course related to IT but I don't have any to show up. Only thing I have is employment letter which having the roles what i am doing at my current job.

"But he finally allowed me to enter USA by saying you are in big trouble means hard to come back if you leave the country for any reason".

My question is what kind of consequences will I have in future and how would I can escape it. Will he documented my remark for this time in any form since he has taken a copy if xerox of my degree certificate and employment letter.

Please help me I am violating rules but how would I answer all this in future.

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You are clearly in violation of your status by working outside your field of study. (The field of study for which you got your OPT). CBP would have put that in your records and it is possible that any change or extension of status will not be possible. Consult an experienced immigration attorney asap.

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How do I get to know if CBP have put something in my records? Also If he did , will it be fine for me to apply h1b by submitting supporting documents ( computer course certificates) to prove that I have good knowledge in IT field . Please let me know

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Please help me I am violating rules but how would I answer all this in future.

Looks like you are in deep trouble and under the radar of USCIS. Before things get worst contact some good attorney ASAP.

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How do I get to know if CBP have put something in my records? Also If he did , will it be fine for me to apply h1b by submitting supporting documents ( computer course certificates) to prove that I have good knowledge in IT field . Please let me know

Just by getting some certificates one doesn't become professional in that field. If that's possible then no one in his world will go to school for IT degree.

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First, all the information from Customs and Border Patrol (CBP) at the port of entry (PoE) is now in your permanent immigration file. Second, OPT and H-1B visas are for jobs in the field that your have your degree. In other words, your only potential U.S. employment authorization is for jobs that legitimately require a chemistry degree. Taking one, or even several, computer courses (whether outside or in university), and regardless of your knowledge in that field, does not qualify you for legally working in the U.S. in information technology or computer sciences. Your work in IT is illegal and immigration fraud.

The U.S. immigration laws, regulations, and rules are clear in this area, and ignorance is no excuse.

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On OPT you can only work in the field of study that you obtained the OPT with. This is not an issue of whether you are capable of doing the job or whether you have other qualifications that make you capable.

For H1 the job must require at least a 4 year Bachelor's degree. If your job requires a Bachelor's degree in Chemistry, and because you have it, the petition can be approved. But since you are not maintaining your status (by working outside of field of study), the change of status to H1 will not be approved. Moreover, this out of status period and illegal work can have consequences on all your future applications.

Consult an experienced immigration attorney asap.

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