Working Before OPT Start Date

[Vjayen]

Hi,

I am a student on F1 visa STEM OPT. I officially graduated on May2015 but completed all my coursework on august 2014(just had my thesis pending). I got an opportunity to work with a company for one year contract so I started working using my CPT period from august 2014 to Dec 20 2014 thinking that I can start my pre completion OPT from Dec 21 2014. Unfortunately there was a delay for me in getting my OPT card and at the same time I could not quit my job so I kept on working and finally I got my OPT card with a OPT start date of Jan 20 2015. There there was a one month gap where I worked without an OPT card. Will this be an issue when I go to my home land and return back. 

I was officially on payroll so I was paying tax for this period as well. After this I applied for stem extension and recently applied for 7 month extension I did not have any questions so far. But I am concerned if there will be any questions when I renter or go for H1B stamping.

 

[shekar11#]

You will definitely be questioned anytime. Be prepared with your explanations. As per the rule you should not work when you don't get your OPT EAD card in hand. You should consider yourself very lucky if you get out of this situation.

[Vjayen]

Thanks Shekar for the response and when do you think I would be questioned is it while my entry back to the country or during the H1 stamping. After I received my OPT EAD  I applied for STEM extension and later applied for a 7 month extension but did not have any issues. Do you think  USCIS would go that further.

 

Please Advise

[shekar11#]

No exact answer because it can be anytime or will never be questioned. Always depends on the officer (Visa officer, Port of entry officer or USCIS officer) if he/she wants to dig deep. As I already mentioned you can be lucky and never be questioned. Just be prepared with explanation in case you face this scenario.