Got OPT card but didn't graduate. Wasted 6 months of OPT

[shrred]

Hi,

please help me. here is my situation.

I am an US F1 student. I applied for OPT in the month of May'2012, but I didn't graduate in that semester. I had to register for a course for Fall'2012. Now I got graduated and got a job in a software company. But my OPT period started on 9th june 2012. So I missed 6 months of My OPT period. I did inform my Office of international affairs (or DSO) of my university about the whole situation and now my new employer information, But they are saying I didn't. So Am I a illegal one to stay still in US?. how to update the SEVIS I-901 status?. My employer is willing to sponsor me for H1 VISA. Will this reflect in rejection of H1 visa.

Please help me..

[catx]

One problem you may have is that you are only allowed 90 days of unemployment on OPT, and you were unemployed for 6 months (while finishing classes). If you are able to proceed without that issue causing a problem, then from the information posted you could apply for the 17 month OPT STEM extension, which would allow you to continue to work until your employer files a H-1B petition for you (in April 2013) and, if approved, you change to that visa in October 2013. (Note: Once you change to a H-1B visa all OPT employment authorization is terminated for the current degree level.)

[kna]

• 1st of all you can work legally even though you haven't finished your courses and your degree is not conferred.
  
• This could have solved your 90 day unemployment issue which can show effect on your OPT Stem Extension if you are eligible to apply.
  
• Your still have remedy for this. Your initial employer should provide a letter saying you worked for 6 months as volunteer job (No Pay).
  
• Letter has to mention that you were trained in filed currently working with course details, attendance, time sheets etc.
  
• This will show you worked but will not be paid which will clear OPT Extension issues.
  
• Keep updated with your DSO as they will provide you required help.
  
• You are legally eligible to work in OPT irrespective of your graduation, but once you waste your time you cant get or revert them back.
  
• Apply for you extension if eligible asap.
  

[catx]

• Your still have remedy for this. Your initial employer should provide a letter saying you worked for 6 months as volunteer job (No Pay).
  
• Letter has to mention that you were trained in filed currently working with course details, attendance, time sheets etc.
  

This would only apply if it is the actual truth. It assumes that the he/she was in fact employed and working (as a volunteer) for the initial 6 months of the OPT while completing final course work. If this is not the case, and there is no mention of working as a non-paid trainee / volunteer in the post, then pursuing this course of action would be immigration fraud, and as such would be creating far more problems. In addition, the USCIS would most likely have notable questions about working for an employer for 6 months as a volunteer.