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Am I out of status because of the 90 days unemployment rule during the OPT ? Do I need an immigration lawyer ?
Anonymous4 views4 answers
When I got my EAD card after my OPT approved, I started working in investment company. I did have formal paychecks, W-2 forms..etc. I did inform my school that I have been working in that company and start that date..etc. But after 4 months I changed my company to less demanding one, which I don’t have any paychecks since It is unpaid internship. I haven’t informed my school yet to update by SEVIS record regarding this change and it has been more than 4 months right now. My question is Am I currently out of status because if USCIS would check my IRS record they’ll see that last time I got paycheck is more than 4 months ago so they may think I am currently unemployed ? Should I leave the things where it is right now since my SEVIS already updated, or Should I let the school know the changed
Generally, the initial post-completion OPT allows unpaid internships so long as the position is related to the degree program, is at least 20 hours per week, and it does not violate labor laws. The student must be able to produce confirmation from the employer of hours worked.
Please discuss your specific situation with your Designated School Official (DSO). The unpaid position may have been qualified for OPT, this is why it is important to remain in contact with the DSO overseeing OPT.
