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 F1 On-campuss Job. Of-status. Improper Counselling
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Posted on 11-03-07 10:28 PM     Reply [Subscribe]
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I am a student on an F1 Visa, attending a college here at Indiana. Recently my international student advisor got into fraud case for unnecessarily charging international student for paperworks that doesn't even exist and charging for unnecessary fees.

Well the drama doesn't end there cause because of his false advise now I am in trouble and the new person in charge is saying I have lost my F1 status and I have to leave the country within 15 days.

I came to this college 2 years ago, and was working in the college around 25 hrs per week during semester. The college was fine with it for a year. Then they send me a letter from human resources that I am not supposed to work more than 20 hrs. I went to the Human resources, and talked to the "immigration specialist", and he told me it's not a big deal and the information doesn't go out of the college so I don't have to worry about it. So I continued with my work and it was going oke...
During the Summer, I started working in the college for more than 40 hours. I assumed it would be oke, and if not I would be warned. But nothing happened for 2 month and so I didn't cared about it. Later, I was told I was violating the rules. So I quit my hours. But then my International Advisor charged me $100 to put me back in status (which he asked my in cash or cheque). Not knowing the rules and regulation, I paid him the $100 cash. and when I asked for the receipt, he told me I would get it later. But according to him I was back on status. In the mean time I got a offer for internship and got accepted. HE again (wrongly) charged me $100 for the CPT paper work, which was supposed to be free. So now since I had a work with the company, I was employed for 40 hrs. Now just to make things clear, I went and told my advisor that I am working 40 hrs in the company and if it is possible to work around 4 to 5 hours in college too. He told me he did my paperwork and it should be oke. Since he said it's oke I worked in the company and in the college both and my total hours per week was 45.

Summer was over and the college started and as I am in my final year. I only have 3 classes to graduate. Out of which I can only take 2 class this semester (cause of pre-requist requirement). My CPT is approved till end of this month. Now as I had enough time with only 2 classes to take. I was still working in the company for 40 hrs and worked around 10 to 12hrs in the college per week (on weekends). I was under the impression that I was taking a reduced course load (which is another story, cause I just came to know that we can take reduced course load only during final semester not the final year), and as I was on my CPT. It's oke to work more than 40 hrs, and as I had told my International advisor he seemed to be fine with it. My advisor told me unless the college doesn't have problem paying me overtime I should be fine with it.

Couple days ago they gave me a shock of my life, when they told me I am off status and they would send my paper work for deportation/reinstatment?
I told them it was not my fault as I was advised wrongly and since it's the middle of semester I will not be able to take 2 more class (for nothing, cause I don't even need them), as I am taking only 2 class this semester. They told me I am not able to work Anywhere, no college no company ( which is another problem, cause then I will have a hard time paying my bills ) for another 4 to 5 months.

It seems completely not fair, cause I made them aware of my working situation, and I was not given any warning/final warning. I was cheated for money which went to my advisor pocket. I was advised wrongly and now I can't work, take classes I don't need and get stressed out till I hear what the Immigration decides...

I am clueless with any options I have. I have been a hard working student with a GPA of 3.75, and now seems like all the hard work I put comes to nothing, but the laws that's dumb, not to understand the situation.

Recenetly I was reading the rules that the DSO should follow regarding on-campus employment. And to my knowledge our DSO didn't follow ANY rules. No proper counselling was given to us regarding work, they they not inform our supervisor regrading work authorization or hours we can work, they did not keep record our working hours, i was never told it would lead us to being off-status, etc..etc....

I blieve a part of the tuition I pay goes to the DSO, so that he/she can give us proper guidance and do his job. But he didn't, and now because of that I am in trouble. Can I file a lawsuit against the college. Cause seems like the college is trying to save their ***, by hiding the whole situation.

What is the process to hire a lawyer? Also I won't be able to spent too much on lawyer as my financial situation is not good...

Any help would be really appreciated.

 
Posted on 11-03-07 11:12 PM     Reply [Subscribe]
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Knockknock,

Sorry to hear about your situation. I think you should first find a way to cover yourself before even thinking about filing a lawsuit. As you know this is a serious matter and might cause great harm to your future. DSO are "agents" of the federal agency and their job is to advise you and make sure everything in order. According to the law, students on F1 SHOULD NOT work more than 20 hours/week and 40 hours during vacation/summertime. You were ill-advised including your HR specialist. It is usually an "insider" case until one of your "insiders" want to take it to the next level and in your case that seems to be the case. Do you have any "legal" documents to prove that you were ill-advised? I am guessing NO. Unfortunately, eventually the federal government places the burden on the students to know and obey the law. Your case is extraordinary so the immigration judge might give you some credit for it but you'll need to prepare a strong case to defend yourself.

I would definitely contact your department chair, Dean and even the President to make them aware of your situation and how you were misguided. You will need as much support as you can and do not threaten them - it will do you no good. If they deport you - you lose.... forget about filing the lawsuit from Nepal.

I wish you all the best.... At this point, your best bet is to get support from the community and make a case. The higher authority in your school must  know the situation and support you.

Best Wishes...

 
Posted on 11-03-07 11:20 PM     Reply [Subscribe]
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ahhhhhh! why do always bad things happen to good people? I'm really sad to hear about your situation. I think you might wanna write a letter to your dean (as they prefer to settle this situation internally) or may be go ahead and talk to him and explain your situation carefully. If that doesent work then try the board of directors for that matter. Its all on your schools hand weather or not to turn you for deportation. Man i feel so bad looking at your situation. I prey to god that everything turn out well for your. May you graduate with 4.0 GPA and persue all the dreams you have. Life is hard and we learn the things hard way. Just dont lose hope and try your best. Another thing to do is to consult a good lawyer in your area. Cosultation should be free. Bro! I wish you all the luck and success.
 
Posted on 11-03-07 11:37 PM     Reply [Subscribe]
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It seems to me that you were out of status not because of the extra hours that you put in but because of the reduced course load that you took this semester. If the DSO is already in trouble with fraud cases, then it might help your case, but in any case the burden is on you: innocence is no excuse. Like others have said before, explain your situation to your supervisor, faculty, the Dean, and the President. They could help you more than anyone else. It also seems like you will probably need to consult a lawyer too. Other people might have more idea on how to get a lawyer. 

Good luck with your case, and hope everything turns out good!

 
Posted on 11-03-07 11:45 PM     Reply [Subscribe]
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can u summarize that that is too long to read/
 
Posted on 11-03-07 11:57 PM     Reply [Subscribe]
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I think you were out of status for not taking enough credits. I think you have to take at least 12 credits or so to be in full time status as a student. I have seen many people work more than 20 hrs and it hasn't been a problem...I hope you will be able to sort out your situation...

 
Posted on 11-04-07 12:58 AM     Reply [Subscribe]
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Regarding taking less credit (less than 9) it should be ok if you file petition, stating that

* you are done with your course works
* that you are working in your thesis or design
* there is not any course offered or to be taken 
*  you have some kind of assistantship

I took only 7 credit on Spring 07 and now taking another 7 credits this Fall 07. However, I did file petition both the times and I was told by the ISA officer that is all ok. And hopefully I will be taking just 1 credit for next 2 sem ( just my thesis).

Goodluck!

 


 
Posted on 11-04-07 2:27 AM     Reply [Subscribe]
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I am sorry to know about your situation. However, AFAIU, sometimes, school can make INS understand that the international students might work for more than 20/40 hrs because of extra-ordinary situations. It depends upon, how Dean/President is favorable to you. Since you are working fair in the school, they might support you, but just talk to your Dean first, he might save you backing you up, else you may go to lawyer. Its not your fault working more than designated working hours, the law shows that the Dean is responsible for not let to work more than designated working hours for any international students, (you know, he has to sign in your time sheet). He is forced to help you out in this case, otherwise he'll be also in trouble, not only you.
 
Posted on 11-04-07 8:18 AM     Reply [Subscribe]
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Thank you guys soo sooo much for your suggestions and advises. Really appreciate for your inputs and your thoughts. No wonder when one of us are trouble, we all stand together to help them out and I guess that's why it makes our community so special.

As for my current senario, I had talked to almost everyone in the college. I had talked to the Dean of Student Affairs, Dean of Multicultural affairs, Dean of Engineering, Vice Chancellor and even the Chancellor is aware of the situation.

They have placed me in 3 major violations (which I am not even sure about). I think those three violations are reduced course load, CPT paperworks and on-campus work.  The first two they admit it's their mistake and all they have to tell me is "sorry". For the third violation regarding my working hours, they beleive it's mine.

I told them that after the summer ended I had told my DSO that I am working 40 hrs for this company and few hours in the college. HE had told me that until the college doesn't have problem paying me overtime, I would be fine with it. I don;t know if he was trying to help me out or just being a lazy jerk to inform me about the rules and regulations. Unfortunately I do not have any proof or documents to support my point. Just a basic logic, I told them, why would a student so close to graduation would jeoperdize his own situtaion just for few extra dollars? And they don;t have answer to it. I was not working solely for money purpose, but I was trying to keep myself busy.

The old DSO could have told to several things that could have avoided this situation. He could have told me to  apply for financial hardship with which i might be able to work beyond 20 hrs/wk. Or atleast he could have warned me of the consequences and risks involved with it.

Now since I have lost my status. I can;t apply for CPT or OPT. Can;t transfer to different college. Can;t apply for reinstatement (since they place in work violation category). A 5 months deadline to live with. An unfinished degree on my way. Although they told me I can register for next semester, but then it's on my risk of suffering the 3 yrs ban (if i stay more than 5 months) or a 10 yr ban (if I stay more than 1 year)....

 


 
Posted on 11-04-07 9:14 AM     Reply [Subscribe]
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Knock Knock

Your case is almost similar to the two students who got deported from Cameron University , Oklahoma in Summer. They were made out of status . But they were given the new I-20 from the same university in case they want to come again. They went to Nepal . They paid new fees to SEVIS . They came back to US again with the same visa they had previously. At the port of Entry they were given new I-94 and again put back in SEVIS system .

I would advise you to go through the Student hand book of the college . They should have some forms of appeal dates for the students who have been charged as violation of college rules. Most of the time Vice president are in charge of this. The best way I recomend is to aplozise with the vice president and say him all your troubles and convince him/her that you would not violate the college rules again.

Sorry to hear your condition . May you be forgiven by the college authority


 
Posted on 11-04-07 9:48 AM     Reply [Subscribe]
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Hey dude,

It seems like u n me both r runnin into same sort of issue. my school also screwed me so badly that I am out of status. first, what did was applied for re-instatement(if u r out of status). do that ASAP. ani when when u r done filing your paperwork with the Feds tell your school that you need monetary compensation or else the info is gonna go out in public and you will drag the school in court. its really workin for me. email me if you need some inputs.


 
Posted on 11-04-07 9:50 AM     Reply [Subscribe]
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Hey dude,

It seems like u n me both r runnin into same sort of issue. my school also screwed me so badly that I am out of status. first, what i did was applied for re-instatement(if u r out of status). do that ASAP. ani when u r done filing your paperwork with the Feds tell your school that you need monetary compensation or else the info is gonna go out in public and you will drag the school in court. its really workin for me, my school is papying for me now. lastly, keep the records of everything if in case if you need later. email me if you need some inputs.


 
Posted on 11-04-07 1:00 PM     Reply [Subscribe]
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Hi KnockKnock Ji,

Same thing happened to me also. I was all set for graduation with MBA in this december. I was made out of status based on the fact that I worked for more than 20 hrs on-campus. They added my hrs worked on sunday to next week to make 24 hrs for that week. They never told the fact that hrs worked on sunday adds to the hrs on coming week. The university website also doen't have this information either.I knew that it was not my fault but still they don't have authority to reinstate the F1 status and we need to do something from our part.

There are two options:

Apply for reinstatement. Note if denied your visa will be cancelled and you need to go back to Nepal to reapply for the visa. If approved everything will be fine but will take more than 3 months and you need to maintain a full time student status till the approval. You will get OPT and CPT. But it seems risky in a sense that if visa is cancelled then the chances of getting from nepal again is in doubt.

Other option what I selected is to leave the country and reenter again with new I-20 and I-94. For this U can go th US/Mexico border and get it done easily. I went to El Paso and have it done in 10 minutes. Also visit this site (www.victorgarciainternational.com) and call Victor in his mobile. He is a very helpful guy and knows about this situation. He will pick you from the airport take you to the border, suggest what to do and then drop you back to the airport for just $40. He is there to help everyone any time you call him.

There is little risk of not getting to come back again.

Hope this helps a little  bit. Any questions regarding how to do it reply to this thread. I will be glad to share my experiences.

Losing status is not that serious as we think. It can happen easily. So don't make it too serious. Still life is to go on and nobody knows what happens tomorrow. Take it as opportunity and you will succeed in life. Always take it for granted that everything happens for your good. Don't lose hope. I was also a graduate student with 4.0 GPA till now. I had already applied for OPT which is cancelled now. Only 5 classes are left to complete by course requirements. Still I am happy now and will be graduating in time and will enroll in some other course for next one year. So cheers man.

Thanks


 
Posted on 11-05-07 9:35 PM     Reply [Subscribe]
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I have asked US Department of Education regarding action on the International Student Advisor. I will update here once I hear something. Regarding reinstatement, the college should help you out. You definetely make a case of misrepresentation, financial embezzlement, fraud and forgery against the DSO. Hire an expert litigation lawyer with immigration expertise in your area. The payments you made must have been withdrawal from your check or ATM. If the date matches accordingly, it would work as well.

Another suggestion is to file a written complaint against the DSO at your university, explaining all circumstances. Keep a copy and proof of submission with you for legal reference.

 
Posted on 11-07-07 11:22 AM     Reply [Subscribe]
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Below is the response to the inquiry I had placed with Department of Education:

Recently you requested personal assistance from our on-line support center. Below is a summary of your request and our response. If this issue is not resolved to your satisfaction, you may reopen it within the next 14 days. Thank you for allowing us to be of service to you.

To update your question from our support site, click the following
link or paste it into your web browser.
http://answers.ed.gov/cgi-bin/education.cfg/php/enduser/acct_login.php?p_userid=santosh_giri@hotmail.com&p_next_page=myq_upd.php&p_iid=120064&p_created=1194194861


Subject : Where should international student file complaint against the International S...

Discussion Thread
---------------------------------------------------------------
Response (Jim Mould) - 11/07/2007 08:59 AM
Thank you for contacting the United States Department of Education.

The United States has no Federal Ministry of Education or other centralized authority exercising single national control over educational institutions in this country nor do we offer educational programs. The States assume varying degrees of control over education. States and communities, as well as public and private organizations of all kinds, establish schools and colleges, develop curricula, and determine requirements for enrollment and graduation and offer educational programs. You may visit the U.S. Network for Education Information at http://www.ed.gov/about/offices/list/ous/international/usnei/edlite-index.html for information on education in the United States.

In creating the Department of Education, Congress made clear its intention that the secretary of education and other Department officials be prohibited from exercising “any direction, supervision, or control over the curriculum program of instruction, administration, or personnel of any educational institution, school, or school system.”  The Tenth Amendment of the U.S. Constitution, which reserves these powers to the States respectively, further substantiates this mandate.

As a result, state colleges and universities operate with considerable autonomy and with some state supervision.  If this is a state funded school,  you may wish to contact the state department of higher education where the school is located.

Once again, thank you for contacting the U.S. Department of Education.  If we can be of further assistance, please do not hesitate to contact us at 1-800-USA-LEARN between the hours of 9:00am and 5:00pm, EST Monday - Friday.

Sincerely,

Jim Mould
Information Resource Center

U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202

Customer - 11/04/2007 11:47 AM
Where should international student file complaint against the International Student Advisor or Designated School Official? The students want to file complaint against the officials on charges of 'bribery', 'misrepresentation making the students out-of-status' and compensation.

Auto-Response - 11/04/2007 11:47 AM
Your question has been received. You should expect a response from us
within 5 business days.





 


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