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  1. #1
    Join Date
    Aug 2012
    Posts
    1

    Default Can You Be Self-Employed While on OPT

    Hello,
    I recently completed by studies from one of the colleges of NY state.I'm on OPT rightnow.I'm currently living in New Jersey state.
    One of my friend who is a US Citizen is forming a company and he wants me to be a part of it as a co-founding member.My questions are that can i use this to demonstrate that im self-employed? If so what are the restrictions? Can i get and 17 month extension(Im a STEM major) if i stay self-employed? How can i get or file H1B in this case? And how long will i have to wait before i can file H1B?

    If this doesnt work-out my friend is willing to hire me as a manager so that its easy to demonstrate the employee-employer relationship.In this case what will be the restrictions on myself and on my friend and his company? Can i get and 17 month extension(Im a STEM major) if i stay self-employed? How can i get or file H1B in this case? And how long will i have to wait before i can file H1B?


    Thank you for your time and answers in advance

  2. #2
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: Can You Be Self-Employed While on OPT

    I hope that you are currently employed as you are limited to 90 days of unemployment in the 12 month OPT period.

    You may be self employed for the first 12 month period. For STEM extension you must work for an e-verified company; self-employment does not qualify. For you to be hired on H-1B, the company must demonstrate the ability to pay. Employment in a company in which you - or a family member - have an ownership interest is a complicated matter. You and your friend need to speak with an attorney. If you both cannot afford the attorney, his company is unlikely to qualify to sponsor due to lack of resources.

    I suggest that you speak with the DSO at your university about your options and reporting requirements for OPT and OPT-EXT.

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