previous employer on CPT and OPT

[hello999]

hi i am going to canada for h1b stamping, i have one previous employer , i took CPT for 3 months in last sem before i graduate. but first 2 months there is no work and in last month(cpt period) i got job and he ran 1 month payroll , after that my first OPT started nad i worked 1.5 months on opt for smae client (total 2.5 months) , but client got bankrupted and then employer didnt pay for 1.5 month which i worked on my opt period. then after one month gap for my marketing then i got new project and also changed my employer that is current employer( which i am working for them n client from last 2 years.) and my H1B started last year october.

 

Now if VISA officer asks when you were with your previous employer for almost 5months+ why do you have only one pay stub then what can i answer?

[rahul412]

Now if VISA officer asks when you were with your previous employer for almost 5months+ why do you have only one pay stub then what can i answer?

Just tell whatever you have written in this post.

[jairichi]

hi i am going to canada for h1b stamping, i have one previous employer , i took CPT for 3 months in last sem before i graduate. but first 2 months there is no work and in last month(cpt period) i got job and he ran 1 month payroll , after that my first OPT started nad i worked 1.5 months on opt for smae client (total 2.5 months) , but client got bankrupted and then employer didnt pay for 1.5 month which i worked on my opt period. then after one month gap for my marketing then i got new project and also changed my employer that is current employer( which i am working for them n client from last 2 years.) and my H1B started last year october.

 

Now if VISA officer asks when you were with your previous employer for almost 5months+ why do you have only one pay stub then what can i answer?

Answer the truth.

[JoeF]

You have to answer the TRUTH, of course!

Why is that even a question???

[catx]

Now if VISA officer asks when you were with your previous employer for almost 5months+ why do you have only one pay stub then what can i answer?

 

The TRUTH.  That is the one and only correct.

[rakhy_rakey]

I dont think VOs will really concern about paid work during OPT. you can mention that you are under training whenever you do not have pay stub. OPT it self stand for optional practical training. 

[jairichi]

I dont think VOs will really concern about paid work during OPT. you can mention that you are under training whenever you do not have pay stub. OPT it self stand for optional practical training. 

Currently it is considered by USCIS as being unemployed if not being paid during OPT.

[JoeF]

I dont think VOs will really concern about paid work during OPT. you can mention that you are under training whenever you do not have pay stub. OPT it self stand for optional practical training. 

There is a requirement to have no more than 90 days of unemployment when on OPT.

And somebody can not "mention" something if it isn't true. A lie can result in a lifelong ban!

[catx]

As was posted, the USCIS is counting unpaid training, internships, volunteering with an employer while on OPT employment authorization as not being employed (unemployed time).  Further, it has been ruled on multiple occasions that such unpaid work violates labor / employment laws, and is thus illegal.

 

This is a scam disreputable employers are using to get free labor out of foreign graduates on OPT employment authorization.  They then turn around and  bill the client for the work.  Those who willing participate in this practice are party to the scam.

[rakhy_rakey]

Then why are they doing opt extension in first place even they actually don't do real time work but on training ?

90 days unemployment means, your status should should get updated in sevis with employer details once you joined a company and tai

[rakhy_rakey]

if this is the case, why are they doing opt extension evenif there are not pay stubs ? 

 

you shd not be free more than 90 days means, your  SEVIS should be update with employer details. which means you might have started training. 

 

if everybody should be under paid employment in 90 days, there are lot of questions will araise which is not possible for everyone. 

 

 

Do you have any link from USCIS that says your stated point ?

[jairichi]

if this is the case, why are they doing opt extension evenif there are not pay stubs ? 

 

you shd not be free more than 90 days means, your  SEVIS should be update with employer details. which means you might have started training. 

 

if everybody should be under paid employment in 90 days, there are lot of questions will araise which is not possible for everyone. 

 

 

Do you have any link from USCIS that says your stated point ?

We have a link for you from murthy forum.

 

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

 

Hope this answers your question.

[rakhy_rakey]

hmm...thanks for the link ..This is newly introduced then ....

[catx]

Yes, this is a more recent change by the USCIS.  I suspect it is in response to seeing an increase in unpaid 'training', 'internships', 'volunteering' while on OPT employment authorization being used to get around U.S. immigration laws, regulations, and rules when there was no applicable employment.  Also, because it is often a scam used by disreputable employers to get free labor out of foreign graduates on OPT employment authorization, and then billing a client for the work done by the graduate.

[Attorney_25]

In general, prior employment is not an issue at a visa interview. The change or extension of status was approved by USCIS and the beneficiary received a valid I-94. In general, periods out of status are not basis for denial of an H-1B visa.

 

Exceptions to the above would be where there was fraud by the beneficiary in relation to the prior employment, or possibly also if the consulate believes the person is unlikely to abide by the terms of their H-1B status, neither of which seem to be at issue here.

 

While it is true that there have been recent issues with unpaid employment as not counting toward OPT "employment," this issue may well be turned around, so stay up to date by reviewing the News at www.Murthy.com. You can also sign up there for an email subscription to the Murthy Bulletin, which will send you the News and more on a weekly basis. (There is even a phone app for access to News and Forum!)

 

Also, if you are planning on working in an unpaid position on OPT, you may want to question whether the arangement is permitted under the state and federal labor and employment laws. In general, where a position is normally paid in the general US workforce, an employer cannot hire someone to fill that position without pay. (If you want to be certain, then contact a Labor and Employment Law attorney.)

[rahul412]

Yes, this is a more recent change by the USCIS.  I suspect it is in response to seeing an increase in unpaid 'training', 'internships', 'volunteering' while on OPT employment authorization being used to get around U.S. immigration laws, regulations, and rules when there was no applicable employment.  Also, because it is often a scam used by disreputable employers to get free labor out of foreign graduates on OPT employment authorization, and then billing a client for the work done by the graduate.

This is what happens when EVERYONE tries to say same lie again and again and again.

 

If a person in this forum asks like " how to answer this..." and some another person post the reply " based on his experience". And then everyone takes it for granted that it will also works in my case and that's how they get caught and this leads to more "new rules".