| Author | Topic:
UNLUCKY GUY'S 12 Month OPT expiring on 15th December 2009 | mnkjaiho
Member | 
posted
November 06, 2009 06:51 PM 
 
Hi All,
This is my first post in here and I hope that I would get some good and useful suggestions.
So want to know how UNLUCKY I am, here is my situation:
I am currently in my 12month OPT (which expires on 15th Dec 2009) and have applied for a 17 month OPT extension on 14th Oct 2009.
Initially I was planning to apply on 14th Sep 2009 but my DSO was not able to get a new I-20 for me because there was an issue with my SEVIS details. So, my DSO raised a Data Fix Ticket which got fixed on Oct 12th 2009. This issue made a difference of 1 month for me which is a lot. Then after receiving my new I-20 I happily applied for my OPT Extension on 14th Oct 2009 as I mentioned earlier. And last week I did received a receipt from USCIS saying that they have received my application. Now after all this I realized that my DSO has messed with my Employer's details in my I-20 by entering wrong address details for my Employer.
Now considering this wrong data in my I-20, here are the questions that I have?
1) will this cause any problem?
2) Is there anything I or my DSO can do to overcome this situation?
3) If for some reason if my application gets denied because of this mess, then what are my options if the decision is made after my expiry date. (considering the fact that my DSO made this mistake). Also as I mentioned earlier, my current OPT will expire on 15th Dec 2009.
CAN ANYONE TELL WHAT SHOULD I DO TO GET A BIT LUCKY.
Awaiting your response.
Posts:
8 | Registered: May 28, 2009 |
| JoeF
Member |
posted
November 07, 2009 03:42 PM
Why doesn't your employer file an H1 for you? The quota is still open.
Posts:
23656 | Registered: January 07, 2004 |
| mnkjaiho
Member |
posted
November 08, 2009 01:28 AM
Can anyone please help me out
Posts:
8 | Registered: May 28, 2009 |
| mnkjaiho
Member |
posted
November 08, 2009 11:32 AM
Hmm, I am currently working on 1099 (as a contractor). So, for my employer to file my H1B I must work as an employee. However I want to know with the Data issue in my I20, will I still get the Extension or not?
Posts:
8 | Registered: May 28, 2009 |
| JoeF
Member |
posted
November 09, 2009 01:05 AM
[QUOTE]Originally posted by mnkjaiho:
Hmm, I am currently working on 1099 (as a contractor). So, for my employer to file my H1B I must work as an employee.[/QUOTE]
You won't get the 17-month extension, either, then.
For that, you need to be employed, and the employer needs to be e-verified. With a 1099, you are self-employed, and that won't fly for an OPT extension.
So, you need to find a job as employee, anyway.
Posts:
23656 | Registered: January 07, 2004 |
| mnkjaiho
Member |
posted
November 11, 2009 09:44 AM
@Joe
Thats true for H1B for I dont think its eligible for OPT:
Read Below
http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419573
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.
this is for the ICE website which says in OPT we can work as 1099 employee.
Please let me know if you think the other way
Posts:
8 | Registered: May 28, 2009 |
| JoeF
Member |
posted
November 11, 2009 12:20 PM
[QUOTE]Originally posted by mnkjaiho:
this is for the ICE website which says in OPT we can work as 1099 employee.[/QUOTE]
Yes, but for the OPT extension, the employer has to be e-verified.
If you work as 1099, you are self-employed. That means you yourself would have to get e-verified.
Good luck with that...
Sp, bottom line: forget about the OPT extension if you are working as self-employed person with a 1099. It will be denied.
Find a real employer. And that employer can file an H1 for you.
Posts:
23656 | Registered: January 07, 2004 |
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