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Working Without Pay on OPT

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  • 12-19-2008, 08:41 PM
    beautifulmind.81
    Working Without Pay on OPT
    Hey Hi Guyz
    SMALL ISSUE ... I graduated in Aug 2008 and my OPT status started in the ending of the September and i got a job in one of the companies but the ironic thing is that they said that they gonna train me as a fresher for at least 4 and 1/2 months so they gave me an appointment letter but said that NO SALARY (please not this) when i'm in training.... now I came to know that for OPT extension or any other thing like the ()-day Unemployment rule is it necessary that we need to work on a salary based thing only.... cant my training in the company be considered as a JOB ... Please explain and help me clarify this issue...
  • 12-22-2008, 08:16 PM
    Mr. Knowitall
    Re: Working Without Pay on OPT
    What are you asking? If you can accept unpaid work and stay in OPT status? Or if you can switch to a form of employee status (e.g., H1B, in which case the answer is "no") and work without salary? Or something else?
  • 12-22-2008, 08:19 PM
    beautifulmind.81
    Re: Working Without Pay on OPT
    Quote:

    Quoting Mr. Knowitall
    View Post
    What are you asking? If you can accept unpaid work and stay in OPT status? Or if you can switch to a form of employee status (e.g., H1B, in which case the answer is "no") and work without salary? Or something else?

    1st one.... unpaid work and still in opt
  • 12-22-2008, 08:53 PM
    Mr. Knowitall
    Re: Working Without Pay on OPT
    Read this.
    Quote:

    Quoting 7.2.1. What types of employment are allowed for regular pre- and post-completion OPT?
    All OPT employment, including post-completion OPT, must be in a job that is related to the student’s degree program.

    For students who are not on a STEM extension, this employment may include:
    • Paid employment. Students may work part-time (at least 20 hours per week when on post-completion OPT) or full-time.
      • Multiple employers. Students may work for more than one employer, but all employment must be related to the student’s degree program and for pre-completion OPT cannot exceed the allowed per week cumulative hours.
      • Short-term multiple employers (performing artists). Students, such as musicians and other performing artists may work for multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration. If requested by DHS, students must be prepared to provide evidence showing a list of all gigs.
      • Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than employment relationship. If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company.
      • Self-employed business owner. Students on OPT may start a business and be self-employed. In this situation, the student must work full-time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to the student’s degree program.
      • Employment through an agency. Students on post-completion OPT must be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency.
    • Unpaid employment. Students may work as volunteers or unpaid interns, where this does not violate any labor laws. The work must be at least 20 hours per week for students on post-completion OPT. These students must be able to provide evidence from the employer that the student worked at least 20 hours per week during the period of employment.

  • 12-22-2008, 09:09 PM
    beautifulmind.81
    Re: Working Without Pay on OPT
    Quote:

    Quoting Mr. Knowitall
    View Post
    Read this.
    [/LIST]


    hey thanks a lot ..... its was really helpful ..... thank you again for this info
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