OPT Stem extension employment requirements - H1b visa interview


ashmithanagar

Recommended Posts

Posted

Can a student work unpaid for an e-verified employer during his/her 17-month stem extension period?

 

OR 

 

Can a student work for an e-verified employer without having his/her pay stubs generated during 17-stem extension period?

 

------------------------------------

So, here's the entire situation:

 
I, say Student1 has her OPT starting from June 27th, 2011 till June 27th, 2012. Student1 graduated on May 15, 2011.
 
In OPT Student1 took up voluntary employment (no pay stubs) under Consultancy1 from Aug 9, 2011 - Nov 30, 2011. 
 
Still in OPT Student1 took up full time paid employment under Company2 from Dec1, 2011 - May 2, 2012. Student1 got laid off by Company2 on May 2. 
 
Now Student1's OPT will expire on June 27th, 2012.
So Student1 took up voluntary employment (no pay stubs) under same Consultancy1 (e-verified) from May 7, 2012 - Sept 16, 2012. Student1 applied for OPT Stem extension while working for Consultancy1. She got her stem extension approved and everything worked fine.
 
Student1 then took up full time paid employment under public company, say Company2 from Sept 17, 2012 - till date (Oct 21, 2013)...Student1 is currently working for Company2.
Company2 applied for H1B for student1 and it has been approved & started from Oct 1, 2013.
 
Now Student1 is visiting India from Nov 29th - Jan 5th and she scheduled her H1B visa appointment on Dec 4th, 2013. The concern now is - Student1 was under unpaid voluntary employment with Consultancy2 from May 7, 2012 - Sept 16, 2012. Technically her OPT ended on June 27th, 2012 and her Stem Extension period started from June 28th, 2012. So, from June 28th,12 - Sept 16, 2012, she was employed without pay stubs. Is this a problem or is it valid to work unpaid in stem extension? 
If in H1B visa interview they ask for her previous employer pay stubs, Can she tell them that she was voluntarily employed? If this is not a valid case, then what would you suggest ? Can she provide any further documentation or request Consultancy1 for pay stubs so that there won't be issues? 
-------------------------------------------------
 
I'd really appreciate any suggestions from the attorneys on the topic..Thank you!

Archived

This topic is now archived and is closed to further replies.