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Opt stem extension, got rfe- need to provide complete employment history + documents

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  • Opt stem extension, got rfe- need to provide complete employment history + documents

    Hi Guys,
    I had previously consulted DesiOpt when i had doubts regarding employers and i'm really thankful that i had received prompt information. Now I need your help again with my OPT extension. I applied for OPT extension at Nebraska Service Center and got RFE to submit all my Employment history , pay stubs or pay summary , role and job description during each job and duration of each job i was in ever since i my opt started from June 2 , 2012. I have to say that i had changed two employers already and with third employer now. over this period of time i had actually worked for a period of four months for paid job for my first employer and have corresponding pay summary . But last January 2013 i joined a new employer and correspondingly updated my university for SEVIS , but i was jobless until April 2013 and then in April 2013 i shifted to new employer where i was getting training from and applied for OPT extension with letter from that employer. I'm not sure how to proceed in providing corresponding documents to USCIS . I request all friends to kindly guide me about this issue....THANKS EVERYONE..

  • #2
    u r not seeing the overall picture. u cannot be out of work for more than 90 days. if your opt started june 2 and u started first job sep 10. it is already more than 90 days. plus, u changed jobs so u lost few days there also. u should have changed the dates before applying for opt. like instead of sep 10 you should have put august 10. now, its impossible for u to prove otherwise because you have already submitted the dates


    • #3
      I think by Sep 10, he meant Payroll start date. You can work for your employer on no pay before that and it won't dedcut from 90 days unemployment grace period.


      • #4
        As per USCIS OPT Policy guide

        7.2.1 What types of employment are allowed for regular pre- and post-completion OPT?

        Paid employment. A student may work part time (at least 20 hours per week when on post-completion OPT) or full time.

        Employment through an agency or consulting firm. A student on post-completion OPT must be able to provide evidence showing he or she worked an average of at least 20 hours per week while employed by the agency.

        Unpaid employment. A student may work as a volunteer or unpaid intern, where this practice does not violate any labor laws. The work must be at least 20 hours per week for a student on post-completion OPT. A student must be able to provide evidence acquired from the student’s employer to verify that the student worked at least 20 hours per week during the period of employment.

        Refer section 7.2 for detailed list


        • #5
          7.1.1.What are the limits on periods of unemployment?
          Students on post-completion OPT may have up to 90 days of unemployment.
          Students who have OPT extended due to the cap gap provisions continue to accrue unemployment time and are subject to the 90-day limit on unemployment.
          Students who receive a 17-month extension are given an additional 30 days of unemployment for a total of 120 days over their entire post-completion OPT period.
          Refer section 7.1 for further details


          • #6
            He can still show he work as a volunteer in between