OPT FAQs

While waiting for OPT approval, is "unpaid leave of absence" a violation of the student status?

Authored on: Fri, 06/17/2022 - 02:43

Question

Is it considered a violation of F-1 status to be on "unpaid leaves of absence" instead of being unemployed while waiting for OPT approval?

Answer

Video URL

STEM OPT employment parameters, volunteering, part ownership, etc.

Authored on: Thu, 04/21/2022 - 05:21

Question

1. Currently, I am on STEM OPT, working with my DSO-approved employer. My uncle wants to start a company and asked me for my help. So, an I help him without being an employee of his company?
2. Is active professional volunteering to a family member's company a violation of the F-1 STEM OPT status? I hold a Professional Engineer's license. If I let him use my license for his company, will that be ok under my current immigration status?
3. Can I be a partner in the company and an employee of the company if my uncle hires me as an employee?
 

Answer

Video URL

Relation between F-1 OPT and H-1B lottery change of status and changing employers

Authored on: Tue, 03/22/2022 - 06:44

Question

I am a student on F-1 and will be graduating by December 2022. Company A is willing to apply for an H-1B for me this year. I am interviewing with other companies, and I am planning to drop company A as soon as I graduate

1. If I am selected in the lottery and haven't done a change of status, can I continue on F-1 OPT with the other company (not Company A), after graduation?

2. Can Company A retract my H-1B if I leave them?

3. Being on F-1 can Company A start my green card if I win the H-1B lottery?

 

Answer

Video URL

Options to remain in status: F-1 visa expired, H-1B approved for consular processing, but not stamped

Authored on: Mon, 12/20/2021 - 09:15

Question

My son got his H-1B approved on consular processing this year which also happens to be the first year on OPT. His F-1 Visa expired in June and he is unable to travel to India for lack of slots for H-1B stamping I wish to know the following:

  1. Is there a time limit for getting the approved H-1B visa stamped?, and
  2. If for some reason he is unable to travel next year as well can he extend his stem opt to remain in status?

Answer

Video URL

1. No.

2. Yes, because remember he has deferred his H-1B change of status by requesting consular processing

 

Documents required for F-1 OPT holders to travel to the United States of America during pandemic

Authored on: Tue, 09/21/2021 - 06:10

Question

I am on my OPT period (June 1st, 2021 - May 31st, 2022) and am working for a company in the USA. I plan to travel to India for my sister's wedding from December 18th, 2021, to December 28th, 2021. The following are my questions for travel in these COVID situations:

1. I wanted to know the details for entering the USA. What documents should I have while entering the USA?

2. Does the USA allow OPT holders to enter?

Answer

A1: You will need to contact your DSO for endorsement on your I-20 to travel, evidence that you have been working (like pay stubs), and a letter from your employer confirming that you will be returning to your ongoing employment.

A2: Yes.

F-1 OPT and travel during pandemic

Authored on: Tue, 09/21/2021 - 06:07

Question

I am on F1 OPT and in the U.S. My OPT started in Jan 2021. My wife is in India and just got her F-2 visa. We both are Indian and haven't been able to meet. Would you please tell us if she can travel to the U.S.? Most places say that the program needs to start on or after August 1st, but I am very confused, given that my OPT began in January.

 

Answer

OPT is considered an ongoing program. She can travel now, subject only to the Covid-19 related health directives. 

 

Note: For the NRI readers, The Economic Times has started an immigration helpdesk. A team of experts which includes Rajiv S. Khanna will address the most pressing issues. Please see the link below.

https://economictimes.indiatimes.com/nri/migrate/nri-helpdesk-are-you-q…
 

 

F-1 to H-1B lottery - How to transfer and change jobs from employer A to employer B?

Authored on: Wed, 03/24/2021 - 08:21

Question

1. I am a F-1 student graduating in May 2021. An employer "X" wants to e-register me for the H1B lottery and I am hoping for a better offer from employer "Y". Suppose I got selected in the H1B lottery filed by "X". Can I start working for employer "Y"? What are my options to work for employer "Y"?

2. Can employer "Y" file my H1B petition even though I was registered in the lottery by "X"?

3. Can I ask "X" to not file an H1B petition after winning the lottery and use F1-opt as work authorization?

4. I am also applying for F1-OPT. Can I use my F1-opt to work till September for "Y" and then use H1B in October to work for "Y" while it was filed by employer "X"? I believe "X" would send an H1B petition with change of status.

 

Answer

Video URL

Student on OPT during Covid 19

Authored on: Sun, 04/19/2020 - 01:39

Question

I graduated from UCLA in December 2019 and my OPT started on February 10th. I was supposed to start working on March 30 in Los Angeles and I was scheduled to travel back to US from India on 28th March. But due to the travel restrictions, my flight got cancelled and I am unable to travel back. When my employer found out about this, they pushed my start date ahead to end of April because I am not physically present in the US (they mentioned immigration laws don’t allow them to let someone start work overseas). I am now scheduled to travel at the end of April to be able to start work else I will run out of my 90 non working days leading to expiry of my visa.

Answer

Watch the Video on this FAQ: Student on OPT during Covid 19

Video Transcript:


Please check the websites ICE (SEVP) , USCIS and NAFSA for frequently asked questions related to your issue. Also if they have a foreign office or an office in your country you can work for them. 

FAQ in detail...



Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

CPT, OPT, Unlawful Presence

Authored on: Thu, 03/28/2019 - 06:09

Question

As I have used my CPT for more than 1 year at the same master level and already completed OPT for the 1st master and currently working on CPT for almost 2 years. As per Aug 8th, 2018 Memorandum Am I violating the rules and will start counting Unlawful presence from FEB 5th 2019? Or Unlawful Presence should be count from 6 months from FEB 5th 2019 which is AUG 5th 2019? If this is true then what are my options here?

Answer

 

Video URL

 

 

Video Transcript

What I tell my clients is if you have already done it and you are okay with a three year bar potentiality with it again another potentiality for 212 (d) (3) waiver, which should be given in cases like this where they let you take a nonimmigrant visa even though you have a three year bar. More...

 

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

 

 

The New Restriction on 12 Months of CPT OPT Combined – – Consequences of H-1B Denial on OPT

Authored on: Tue, 12/04/2018 - 03:18

Question

I am currently on F1 visa and working on CPT. My H1 petition was picked in the lottery this year and status changed to RFE 2 weeks ago. I wanted to know if August 9 unlawful presence rule applies in my case i.e; if I get a response for RFE after Feb 4 2019, that completes 180 days.

Answer

Watch the Video on this FAQ:

The new restriction on 12 months of CPT OPT combined – –

consequences of H-1B denial on OPT

Video Transcript

In my view you are still on OPT and to activate your H-1 you have to either refile for change of status or go outside the USA for visa stamping. More...

 

Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.