OPT On Bench for 1 year

[rajiv460]

HI,

I joined a consultant in May 2010 and I was on bench till Oct 10. In Oct went to another employer who got me a job in DEC 2010. So basically I was on bench for almost an year of my OPT with no payroll run.

Got H1b last Oct 2012. Now I am planning to do a h1 transfer to another employer. My new employer thinks I should get some exprience letters from my old employers but why would they give me saying that I was on bench.

I am just worried that this one year would come back and bite me when I am applying for my H1 transfer or Green Card.

Should I be really worried about this?? Or can I ask my old employers to give experience letters that I volunteered for them for a specific amount of time.

[rahul412]

I joined a consultant in May 2010 and I was on bench till Oct 10. In Oct went to another employer who got me a job in DEC 2010. So basically I was on bench for almost an year of my OPT with no payroll run.

On OPT you cannot stay unemployed for more than 90days.

[rajiv460]

On OPT you cannot stay unemployed for more than 90days.

But we can volunteer right. I was employed but was on bench...

[catx]

Being "on [the] bench ... with no payroll run" = being unemployed = out of status. As was posted you violated the OPT 90 days of unemployment rule.

[t75]

Unfortunately, it sounds like he was "employed" but "not paid" which is apparently legal - but not ethical - on OPT.

I do not understand why supposedly smart people allow themselves to be taken advantage of.

[rahul412]

I was employed but was on bench...

What's mean by that??

If you are 'employed' then you should have some 'work' to do.

[stanos86]

my guess is it would not matter about your OPT unemployment now for an H1 transfer or when applying GC...as stated by the user t75 you were employed but not paid (e.g. unpaid internship)...but its is better to get experience letters from all your employers since your OPT started as it is required during i140 stage

[dream16]

Don't worry, i had a friend who went through a similar trauma, what's your email ?

[rajiv460]

Don't worry, i had a friend who went through a similar trauma, what's your email ?

Thanks for the replies guys... Buddy my email . ***********@gmail.com

[ANANTA43]

Don't worry, i had a friend who went through a similar trauma, what's your email ?

Hi dream 16, i have a similar kind of situation like rajiv460. my employer is denying to provide me letter for volunteer work but i have all the emails while i was on training for the 12 moth opt period. my email is *************@gmail.com

[ANANTA43]

Don't worry, i had a friend who went through a similar trauma, what's your email ?

Hi buddy , i also need help regarding similar matter, my employer (Unpaid trainee intern) refused to provide me any letter..... my emaill add: **************@gmail.com

[dream16]

As the admin said, please update your profiles with your email and you shall be contacted ofcourse ... :)

[pontevecchio]

As long as the DSO signs off on a non paying gig/job it is acceptable. If the college is accredited there would or should be no problem. If the DSO was not kept in the loop there could be problems.

[t75]

The employer is not required by law to provide a letter.

[Luck4u]

What does DSO means ? 

[JoeF]

What does DSO means ? 

If you were a student, you would know. Designated School Official, the person who handles immigration-related things at a university.

[shandan]

DSO - Designated School Official, who deals with international students affairs and is the liason between the USCIS and the international students within the university.