Unauthorized employment F-1

[worrier2013]

Hi all,

I am a senior college student graduating in three months (May 2013). I recently discovered that a two-month internship (March 2012-May 2012) which awarded me a 600-dollar stipend was indeed considered illegal employment (I did not have OPT/CPT during that time). I did not think the stipend constituted an employment, but now I finally understood. I have traveled internationally and re-entered US twice with a new F-1 visa after the internship till now.

(1) I have NOT reported this to the international office of my school. If I do, can I still attend classes for the rest of the semester so I can graduate? Or I will need to depart and come back, if granted entry, for the next semester? What are the consequences? Does me bringing myself to them give any relief to me?

(2) How many days of unlawful presence have I accrued?

(3) I have a company to sponsor me with H1-B visa. However, if I can completely resolve the illegal employment issue, I am willing to give up the opportunity. The job was what I have fought for the rest of my college life, but I want to be honest and "clean". I do not want the illegal employment issue to haunt me later.

Thank you for answering. I sincerely appreciate any help.

[Desi Dude]

Was the 'internship' on campus?

[Attorney_11]

Generally, individuals in F-1 classification do not accrue unlawful presence until such time as they have been deemed to be in violation of status by USCIS or an Immigration Judge. It may be advisable to seek the counsel of an immigration attorney to discuss the consequences of a violation in status while in F-1 classification vis a vis eligibility to change status or extend stay.