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question_me
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Posted on 02-20-10 11:01
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My OPT will start on February 25, 2010. I have no job. I graduated with a Masters in Finance. My International Advisor said that I could do an unpaid internship/volunteer work to not go over the 90 days unemployment limit but the unpaid internship/volunteer work shouldn't violate any labor laws. What exactly does "labor laws" mean? Going back to school for a Phd isn't a realistic option for me. I need to figure something out in the next 90 days. What are my options? I am in Dallas, Texas, if that makes a difference. According to this site, unpaid internships are illegal. Has anyone done an unpaid internship to maintain OPT and not gotten in trouble???? The U.S. Department of Labor has outlined a list of criteria that ALL must be met in order for an internship to be unpaid. - The training, even though it includes actual operation of the
facilities of the employer, is similar to that which would be given in a vocational school; - The training is for the benefit of the trainee;
- The trainees do not displace regular employees, but work under close observation;
- The employer that provides the training derives no
immediate advantage from the activities of the trainees and on occasion the employer’s operations may actually be impeded; - The trainees are not necessarily entitled to a job at the completion of the training period; and
- The employer and the trainee understand that the trainees are not entitled to wages for the time spent in training.
Last edited: 20-Feb-10 11:03 PM
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ice_cop123
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Posted on 02-20-10 11:42
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Most of the schools want OPT student to provide employment(volunteer/paid) details to them within 90 days of start date. To my knowlegde, that information is just for the school and will not release to third party necessarily. It depends on school if they would contact your employer to verify your employment detials.This information will make school that u r maintaining your status. DHS/INS has already given employment time for one year and will ask information only on extension period. Please see response from others too....peace.....
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santoshgiri
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Posted on 02-21-10 2:21
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Please see ICE's position on type of qualifying employment under OPT as amended on April 2009, previously issued in 2008. [HIGHLY RECOMMENDING READING Page 17, 18, 19 and 20 of the SEVP Policy Guidance 0801-02, Updates to Post-Completion Optional Practical Training. Complete Guidance available at: Complete Guidance available at: http://www.ice.gov/doclib/sevis/pdf/opt_policy_guidance_04062009.pdfGOOD LUCK EVERYONE.SUMMARY OF TYPES OF EMPLOYMENT
7.2. Employment allowed while on OPT 7.2.1. What types of employment are allowed for regular pre- and post-completion OPT? (New or Revised)
All OPT employment, including post-completion OPT, is required by 8 CFR 214.2(f)(10)(ii)(A) to 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 each individual 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.
- 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 an employment relationship. If requested by DHS, students should be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company. (This is also known as working as an individual consultant)
- Self-employed business owner. Students on OPT may start a business and be self-employed. The student should be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program. To form a business check with your local city office :-)
- Employment through an agency or consulting firm. Students on post-completion OPT should 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 practice does not violate any labor laws. The work should be at least 20 hours per week for students on post-completion OPT. A student should be able to provide evidence, acquired from the student’s employer, to verify that he or she worked at least 20 hours per week during the period of employment.
How do students show that employment is directly related to their degree programs? SEVP recommends that students maintain evidence — for each job — of the position held, proof of the duration of that position, the job title, contact information for the student’s supervisor or manager and a description of the work. If it is not clear from the job description that the work is related to the student’s degree, SEVP highly recommends that the student obtain a signed letter from the student’s supervisor or manager or the employer’s hiring official stating how the student’s degree is related to the work performed.
not a legal advise, please consult with an attorney for accuracy :-)
Last edited: 21-Feb-10 02:22 AM
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ice_cop123
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Posted on 02-21-10 3:03
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thank you for good information santoshgiri ji ....
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santoshgiri
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Posted on 02-21-10 3:29
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Please also consider the following viewpoint of attorneys, emphasizing that although self employed business owner provision exists, the 'Training' purpose of OPT 'without a supervisor' in self employed business and 'future continuance of the business' when the OPT ceases, makes it a shady area:
Once again, all F-1 International Student matters are BEST ADVISED by DSO/ISO. Good luck people.
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nepalkochoro2008
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Posted on 02-21-10 12:44
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i know this 90day limit is a law but i don't know if this is strictly enforced. i have lots of friend who graduated last may and are technically unemployed (they work in restaurants, gas stations, preparing for GRE/GMAT but for this purpose they are technically unemployed).
try ur best to find jobs. if u end up getting a job, thats great or else go to masters/phd next fall (some of my friends did this with absolutely no problem).
remember, we international students here should be just like a BULL, tear down everything that comes in front of us. so don't get panicked because of this rules. keep finding your way out.
By the way, I can assure that if you seriously apply for 400 jobs in next 2 months related to your major and work experience, you will definitely get a job.
I graduated may 2009 without any job and $25000 in credit card bill but found a good paying job by the end of the july 2009 (the time when about half million of their own people were getting laid off their work). 2010 is better compared to 2009 so good luck for you buddy....
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question_me
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Posted on 02-22-10 1:24
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santoshgiri ji thanks for the info. More suggestions?
Last edited: 22-Feb-10 01:24 PM
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