Can I take this job (on OPT)?

[achin12]

Thank you very much, everyone for your insights. It's really more complicated than I thought and at this point, I don't know how to proceed :(

[jairichi]

Thank you very much, everyone for your insights. It's really more complicated than I thought and at this point, I don't know how to proceed :(

As I quoted earlier a bulletin from Murthy law firm about the current problem that being on unpaid internships during first 12 months of OPT is interpreted as unemployment by USCIS do talk to an immigration attorney from Murthy law firm. They would guide you.

 

http://www.murthy.com/2013/11/25/unpaid-internships-on-f-1-opt-considered-unemployment/

[t75]

Yes, I'm already concerned about that. So the offer from my professor went through the business office of my department and they then sent a form to the DSO to issue me a new OPT I-20 with the employer being exactly "The Department of...., University of....". On the I-20, it says the university is the employer, not my professor. Does it make it official?

 

I would still be concerned about "department" rather than "university". I expect that it would matter how other matters are handled and whether "department" is a qualified employer.

 

It sounds like your prof is understanding of the importance of going through channels; the question is whether the solution is adequate for US immigration if it ever comes up. Other similar situations have not been handled in the same manner and rather than solving the 90 day unemployment problem, they created another.

 

I agree with Catx that staying under the 90 days is a valid way to protect yourself if the arrangement is not a qualified one. If your prof is good, he/she will understand and get the project finished quickly so you can get out and earn real $$$$.

[t75]

There are a lot of other issues with this type of informal employment. For example, if one is not a student or a real employee, they are often not permitted to have access to keys, the library, parking, etc. They are also not given health insurance, liability (workers com) for accidents on campus.  The problem with creating an "employee" category for individuals wanting to do what you plan to do is they are then obligated to pay you.

 

IMO, your prof should be able to compensate you from a research grant or departmental funds and give you status as a temporary employee. You are being taken advantage of since you could work on your project in the evenings.

[maru58]

As I quoted earlier a bulletin from Murthy law firm about the current problem that being on unpaid internships during first 12 months of OPT is interpreted as unemployment by USCIS do talk to an immigration attorney from Murthy law firm. They would guide you.

 

http://www.murthy.com/2013/11/25/unpaid-internships-on-f-1-opt-considered-unemployment/

Wow, so in my case it means that during my 4 months of working hard for my professor on a research and getting a paper published out of that research I was still considered doing nothing by the USCIS. 

[achin12]

There are a lot of other issues with this type of informal employment. For example, if one is not a student or a real employee, they are often not permitted to have access to keys, the library, parking, etc. They are also not given health insurance, liability (workers com) for accidents on campus.  The problem with creating an "employee" category for individuals wanting to do what you plan to do is they are then obligated to pay you.

 

IMO, your prof should be able to compensate you from a research grant or departmental funds and give you status as a temporary employee. You are being taken advantage of since you could work on your project in the evenings.

I want to clarify that during these 3 months I still have my benefits as a student (health insurance, library access, and everything). I was in the PhD program originally but wanted to work after the master's first so I'm still in continuous enrollment and still have student benefits.

[achin12]

I would still be concerned about "department" rather than "university". I expect that it would matter how other matters are handled and whether "department" is a qualified employer.

 

It sounds like your prof is understanding of the importance of going through channels; the question is whether the solution is adequate for US immigration if it ever comes up. Other similar situations have not been handled in the same manner and rather than solving the 90 day unemployment problem, they created another.

 

I agree with Catx that staying under the 90 days is a valid way to protect yourself if the arrangement is not a qualified one. If your prof is good, he/she will understand and get the project finished quickly so you can get out and earn real $$$$.

I'm sorry I want to correct what I said before. I just looked again and on my I-20 it says the employer is my university, not my department. Only location I work at is my department lab.