OPT

Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student’s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies.

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

Question details

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?
 

Video URL
FAQ Transcript

1.The volunteering issue is a complicated one. When you are volunteering for charitable affairs or religious matters, I don't think there is any problem. The moment it starts getting into the realm of commercial volunteering it could potentially become an issue. Under the Fair Labor Standards Act (FLSA) private companies cannot take free work. 

2. I personally think it is not a violation of your status.  As for using your license for his company that could become problematic because the implication is that you are working for that company now. Remember under STEM OPT you can work for multiple companies, but you have to get approval from school for that.

3.The answer is Yes.  Under OPT as well as under H-1B. As long as you have a genuine employer, employee relationship.
 

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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.

The Economic Times NRI Helpdesk: Can I extend my US visitor visa before it expires? And other FAQ's answered by Rajiv S. Khanna

Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.

Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.

March 17, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

 

FAQs: - From F-1 OPT directly applying for a green card - STEM OPT employment parameters, volunteering, part ownership, etc. - Can two employers file H-1B for the same employee using an existing I-140?

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

Question details

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?

 

Video URL
FAQ Transcript

1. If you file it as a consular processing you can continue working on F-1OPT for that company or another company.

2. Absolutely.

3. That depends upon which country you were born in. If you were born in India that's not such a great deal.

 

Note: Where transcribed from audio/video, 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.

March 03, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

Immigration.com

Discussion Topics, Thursday, March 03, 2022:

FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements || Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA)) || Relation between F-1 OPT and H-1B lottery change of status and changing employers || Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment? || Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?

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

Question details

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?
Video URL
FAQ Transcript

1. No.

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

 

Note: Where transcribed from audio/video, 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.

Rajiv's Article - Republicans attempt another shot at H-1B and OPT

Published by: The Economic Times - Date: December 20, 2021

Synopsis
According to the U.S. Bureau of Labor Statistics, the number of job openings has increased to a record 11.0 million. The 27 million small businesses, responsible for almost 50% of the GDP, are the most severely affected. They cannot find workers. A Bill like this would destroy them.
 

For more on this article please see the attachment below.