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OPT - Critical Problem


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Posted

Friends,
My Girl Friend was on OPT  from February.

she got a Job in March as a developer and worked for 2 months. she contacted school to report that she got a job... but the International Officer told her it is not necessary to report so she did not report to school till now.

She did not get a job till august so due to financial conditions she did a teacher job in a local kids school  for 2 weeks and then she left that job. (I do not know if it a violation of OPT Rules)

And now she wants to apply for OPT Extension.

Problems:
1) will the govt check for her employment history and salary records while applying for OPT  extension ?
2) She wants to join a consultancy now so if they give her job offer letter (Dated as today) will she get OPT extension?
3) will she have any future problems because she worked as a teacher for 2 weeks while on OPT ?

Please help guys.. Her OPT is ending soon. Any help is very much appreciated. Thank you.

Posted

[quote author=kalyan_rn link=topic=111229.msg1180540#msg1180540 date=1287605928]
Friends,
My Girl Friend was on OPT  from February.

she got a Job in March as a developer and worked for 2 months. she contacted school to report that she got a job... but the International Officer told her it is not necessary to report so she did not report to school till now.

She did not get a job till august so due to financial conditions she did a teacher job in a local kids school  for 2 weeks and then she left that job. (I do not know if it a violation of OPT Rules)

And now she wants to apply for OPT Extension.

Problems:
1) will the govt check for her employment history and salary records while applying for OPT  extension ?
2) She wants to join a consultancy now so if they give her job offer letter (Dated as today) will she get OPT extension?
3) will she have any future problems because she worked as a teacher for 2 weeks while on OPT ?

Please help guys.. Her OPT is ending soon. Any help is very much appreciated. Thank you.
[/quote]

No problem in regular opt.... if you got a job or not.. Job matters only in opt extension..
for Opt extension... just company offer letter and Everification number is mandatory.. They don't check for any previous history of jobs... USCIS easily approve opt extensions..

Posted

[quote author=chanti@afdb link=topic=111229.msg1180559#msg1180559 date=1287606444]
No problem in regular opt.... if you got a job or not.. Job matters only in opt extension..
for Opt extension... just company offer letter and Everification number is mandatory.. They don't check for any previous history of jobs... USCIS easily approve opt extensions..
[/quote]
Thanks Chanti. I'v sent PM to you. Please reply.

Posted

[quote author=chanti@afdb link=topic=111229.msg1180559#msg1180559 date=1287606444]
No problem in regular opt.... if you got a job or not.. Job matters only in opt extension..
for Opt extension... just company offer letter and Everification number is mandatory.. They don't check for any previous history of jobs... USCIS easily approve opt extensions..
[/quote]
@gr33d @gr33d @gr33d @gr33d @gr33d @gr33d @gr33d

Posted

Ok, First things first , when you are on OPT means when your OPT date starts you must report your employer details with in 90 days ( meaning that you should be employed with in 90 days of your OPT start date ) , you have to do this becoz the USCIS need to know your employment like which company your are working assuming that the company is e-verified. Your GF fails to do so coz your univ people said so., fine !!!.

You said she worked as a teacher some where, did she had any pay check issued by that school on her SSN. Let's assume they did as they have to do that....this i cant answer as of now..

She can happily apply  OPT extension...but she need to do this first

--> she must join a company or join a consultancy as soon as possible which is e-verified one and ask her to report the employer details to her school so that  USCIS will be aware that she is at so and so place working for them and its e-verified. This you have to do so coz when you apply your  OPT extension they will issue a new I-20 with your employer details ( the company name and address ) and she has to have this new I-20 . As far I know for sure is., all the USCIS is concerned about was whether her employer is e-verified or not ..and applying the extension under the major which falls in the STEM category.

-->  Yes she can get an offer letter if she can do so..if not also if fine, coz its not a must for every college to have an employer or employment letter..all she need was the address ,e-verification number ...she will get the extension...

Its not too late...you can do so...

All the best..take care..

Posted

Ante OPT start ayaaka Payroll run avaka poina parleda  sCo_hmmthink sCo_hmmthink

Posted

[quote author=jamesbond link=topic=111229.msg1180594#msg1180594 date=1287607332]
Ante OPT start ayaaka Payroll run avaka poina parleda  sCo_hmmthink sCo_hmmthink
[/quote]

Ledu Bond mama, it's not compulsory that you have to be a paid employee for the first year of OPT, you can work voluntarily with out pay to a compay with e-verify. But you need to be a paid employee for atleast 20 hours in the OPT extension.

Posted

I think ..according to new rule....u cant be unemployed greater than 90 days..otherwise the OPT automatically will get cancelled.
even if u don't have a job...get an offer letter from an e-verified employer and get an I20 with the name of employer on it and then apply for extension...May be it may work.

Posted

[quote author=pikki link=topic=111229.msg1180604#msg1180604 date=1287607482]
Ledu Bond mama, it's not compulsory that you have to be a paid employee for the first year of OPT, you can work voluntarily with out pay to a compay with e-verify. But you need to be a paid employee for atleast 20 hours in the OPT extension.
[/quote]

Ok baa nenu inka first OPT le.....  sHa_high5ing  thankyou

Posted

Thanks Dalapathi, pichekista and pikki for detailed reply.  Ya she did get paid for the teacher job on ssn.
aa 90 days unemployment gurunchi .. konta mandi emi paravaledu antunnaru..konta mandi problem anutunnaru...naku emi cheyyalo ardham kavatledu...
INko doubt ...
--> Offer letter lo... last 8 months ga work chestunnatu emanna rayala..or it is ok if it is a new offer letter from the company ?

She wants to join a consultancy for marketing. Please suggest me a good consultancy who can do can give offer letter for OPT Extension and marketing in QA testing.

Posted

[quote author=pikki link=topic=111229.msg1180604#msg1180604 date=1287607482]
Ledu Bond mama, it's not compulsory that you have to be a paid employee for the first year of OPT, you can work voluntarily with out pay to a compay with e-verify. But you need to be a paid employee for atleast 20 hours in the OPT extension.
[/quote]

HII PIKKI...
are u sure ...it can work voluntarily without pay....dont think soo....
could u plz cross check in USCIS site....
any source??!!!!! sCo_hmmthink sCo_hmmthink sCo_hmmthink sCo_hmmthink

Posted

Hi, Employment has to be updated at your university when you are on OPT. doesnt matter if it is extension or initial 12 months. However, In extension you would have to run your payroll. Good news is there are no prevailing wages like H1B. But for initial 12 months you dont have to be paid but you should be employed and it has to be updated in SEVIS record(done by the school). If you dont, that will count towards your 90 days of unemployment period. Ofcourse, once you are in extension 30 more days are added making it 120 days. There is no doubt that she will face problems in future for GC but not H1B. Even if she doesnt get her OPT extension, she can join School and maintain her status but GC issues will be there. I am not sure about the chances of OPT extension approval. This is bcos she hasnt updated the SEVIS record. But I wouldnt eliminate the chances of approval. There are chances but its all about her luck.

Posted

[quote author=kalyan_rn link=topic=111229.msg1180622#msg1180622 date=1287607851]
Thanks Dalapathi, pichekista and pikki for detailed reply.  Ya she did get paid for the teacher job on ssn.
aa 90 days unemployment gurunchi .. konta mandi emi paravaledu antunnaru..konta mandi problem anutunnaru...naku emi cheyyalo ardham kavatledu...
INko doubt ...
--> Offer letter lo... last 8 months ga work chestunnatu emanna rayala..or it is ok if it is a new offer letter from the company ?

She wants to join a consultancy for marketing. Please suggest me a good consultancy who can do can give offer letter for OPT Extension and marketing in QA testing.
[/quote]


no need to mention that she was working from past 8 months...
As her school people wont require updating the employer info....dont reveal anything...just get a new employer letter...tell them that u r changing the employer or just increasing the contract time for ur OPT extension sake.however get the i20 with new employer name and apply for extension...
but make sure abt the pay rule on OPT..not sure

Posted

[quote author=praveenrao link=topic=111229.msg1180649#msg1180649 date=1287608155]
Hi, Employment has to be updated at your university when you are on OPT. doesnt matter if it is extension or initial 12 months. However, In extension you would have to run your payroll. Good news is there are no prevailing wages like H1B. But for initial 12 months you dont have to be paid but you should be employed and it has to be updated in SEVIS record(done by the school). If you dont, that will count towards your 90 days of unemployment period. Ofcourse, once you are in extension 30 more days are added making it 120 days. There is no doubt that she will face problems in future for GC but not H1B. Even if she doesnt get her OPT extension, she can join School and maintain her status but GC issues will be there. I am not sure about the chances of OPT extension approval. This is bcos she hasnt updated the SEVIS record. But I wouldnt eliminate the chances of approval. There are chances but its all about her luck.
[/quote] *=: *=: you rock

Posted

[quote author=pichekistha link=topic=111229.msg1180631#msg1180631 date=1287607945]
HII PIKKI...
are u sure ...it can work voluntarily without pay....dont think soo....
could u plz cross check in USCIS site....
any source??!!!!! sCo_hmmthink sCo_hmmthink sCo_hmmthink sCo_hmmthink
[/quote]

Yes mama, you can in your first OPT with in your stem category..like a research assistantship ..I had the source I need to check, if I find I will PM you..

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