Rowlett, TX Immigration Law Firms & Lawyers

Your employer can sponsor you for a green card - right away or after OPT. The only problem is that the process takes 1.5-2 years, i.e. much longer than you can stay and work in the U.S. on OPT. Depending on your education, work experience, and the specifications of the position your employer can offer you, you might qualify for a non-immigrant visa that would enable you to stay and work in the U.S. while your employer's green card petition goes through the system. Discuss your circumstances with an immigration attorney to develop the best strategy, and do not leave it until your time on OPT is almost over: all application processes in immigration practice take months, most - more than a year, and some a date-sensitive (for example, an H-1 visa application must be filed on April 1 in order to have a chance of success).

The question for an immigration inspector is whether your mother-in-law is able to show that her stay is temporary as she is here under a visitor visa. Trying to make a quick return to the US after being here for six months might cause a problem at the port of entry. After leaving the US, a visitor should stay outside the US for an appreciable period of time before returning. Your mother-in-law may in the alternative file for an extension of stay with USCIS. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

Sure, you can apply. The question is whether your application is going to be approved (which I doubt, under the circumstances). Perhaps, you might be able to apply for a change of status through your prospective employer. Alternatively, you should consider filing for a change of status to F-1 student visa, especially if you are already taking classes for your dental exam preparation: taking classes while on a B visa is considered a violation of your non-immigrant status; and USCIS might take a dim view of your stay in the U.S. on a B visa for the purposes of taking a professional exam. Otherwise, consider this: your extension application will take 4.5 months (in Vermont Service Center; 2.5 months - if your previous application was processed in California Service Center; look up the address on the notice granting you the extension). Even if it will be denied, *so long as you do not accrue 180 days* of out-of-status presence in the U.S. after expiration of your first extension, you will not become inadmissible (yes, the U.S. consul is likely to give you hard time when you apply for your next visa; but, if you can show that you filed for an extension and remained in the U.S. only until your exam, your overstay will likely be forgiven).