Rajapl Posted August 1, 2019 Report Share Posted August 1, 2019 I am in F1 Visa , having STEM OPT EAD Valid till Jan 2021. My Initial OPT started from Jan 2018. started working as an unpaid intern at company "A" from Feb 2018 to Mar 2018. From Apr 2018 to Jan 2019 worked as a Full Time Employee at company "B" and have proper documents. After that joined a consultancy company "C" in Jan 22nd 2019 and went to india for vacation. When i returned, i got a better job at other company and moved there. So, From Jan 22nd 2019 to Mar 10th 2019(I was out of country from Jan 26 2019 - Mar 10 2019) this consultancy didn't run any payroll for me. Now, in my new company , i received an RFE for speciality occupation and also they asked me to submit all employment confirmation letter and paystub from previous company. My previous company "C" gave a confirmation letter and they mentioned i was in vacation from Jan 26 to March 10th(i was in that company just for 5 days Jan 22 to Jan 26). Will this be considered as out of status since i didn't get paid during my stem opt ? or they can consider this as unemployed days ? Quote Link to comment
GCoder Posted August 2, 2019 Report Share Posted August 2, 2019 unfortunately you are out of status, since vacation time counts in the opt unemployment time. Quote Link to comment
Rajapl Posted August 12, 2019 Author Report Share Posted August 12, 2019 @GCoder If vacation time is counted as unemployment , but if i didn't exceed the umemployment days limit(<150 days). Then am i eligible for consideration or still i am out of status ? During Stem OPT period i didnt have paystub for around 2months. Thankyou so much for your help @GCoder Quote Link to comment
GCoder Posted August 13, 2019 Report Share Posted August 13, 2019 8 hours ago, Rajapl said: If you haven't exceeded 150 days, it shouldn't be a problem. however, you need to ensure that you have proper documentation for unpaid OPT to be considered. talk to your attorney for more information. your vacation time in company C will not be considered as employment period Quote Link to comment
Rajapl Posted August 18, 2019 Author Report Share Posted August 18, 2019 @GCoderThankyou so much. Quote Link to comment
Rajapl Posted August 30, 2019 Author Report Share Posted August 30, 2019 @JoeF Can you share your thoughts on this ? Thankyou so much for your time 🙂 Quote Link to comment
Rajapl Posted September 9, 2019 Author Report Share Posted September 9, 2019 @JoeF sorry to tag you again. can you share your thoughts on this ? Quote Link to comment
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