Can a previous employer fill in i983?

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  • akhuia
    Junior Member
    • Sep 2018
    • 1

    Can a previous employer fill in i983?

    I used to work for a company last year and I forgot to submit an i983 to report my employment with them to my DSO. Now when I reached out to my previous manager there, he says that their legal team is not approving the i983 as they do it only for current employees, but not for past/ex-employees, though they have offered to give a letter stating my employment dates, pay and title.

    This is putting me in a potentially bad situation as my DSO says that they can only report employment that is reported through i983, and because I don't have a signed i983 from them, my DSO won't be able to update my SEVIS with this employment, which would then show that I was unemployed during that time, which would exceed my total number of unemployment days and might put me in unlawful status in the eyes of someone who is only seeing the SEVIS, even though I have pay stubs and the offer letter of the company (they are e-verified as well) from that time.

    My STEM OPT is going to come to an end within the next few weeks, and I will be leaving the USA for now, though would like to come back for work or holidays, so I really want to display the clean record that I have maintained.

    Can someone please suggest what should be the best course of action?
    Is this even proper that an employer which says that they can sign i983s for current employees isn't willing to do so for a past one? (Everything mentioned in my i983 is true and something that we already did (me at my work, and them on training), and yet they are saying they are unable to sign this, and haven't given any reason as to why. )

    Any advice on the next steps would be deeply appreciated.
  • DesiOPT-FaceBook-Admin
    Administrator
    • Mar 2013
    • 13318

    #2
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    • DesiOPT-FaceBook-Admin
      Administrator
      • Mar 2013
      • 13318

      #3
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      • lisaanderson
        Senior Member
        • Jan 2014
        • 1379

        #4
        Your employer is correct in that they can’t fill out a past I-983. Get the letter from the employer and save all your employment records from that time, including pay stubs and Form W-2. If someone asks in the future, you can show that you were working but failed to update SEVIS. There’s nothing else you can do.

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