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nayaa9
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Posted on 08-31-09 1:09
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hello all please drop your suggestions I had applied for H1B through Desi consultancy this year and got denied. They have filed motion. and is waiting for the approval/denial. The thing is i want to cancel the motion and extend my OPT (which the company agreed)> I already applied for extension. Does anyone have gone though such case? What are my chances of OPT extension ?
any suggestions or input!!
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pyaradeshbasiharu
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Posted on 08-31-09 4:31
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The OPT extension has nothing do with ur H1B MTR..Cancel the MTR and go ahead and apply...But here is the catch "PPL in OPT extension has to be in Payroll"..Hope u have a Project in ur Desi Consultancy and getting "Really PAID" , then u will be fine...
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anthony15
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Posted on 09-01-09 5:13
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Let me know if u know more abt this situation. Got laid off April 2009, severance package till May 2009,(last paycheck april 2009) Transfered to F1 approved on June and still on F1. Got a real job now , so if file for extension, how long it will take to get approved? Can one work as soon as h1b petition is filed? Is this considered a tranfer or new one subject to old number? let know if someone went through this situation before? Thanks in advace! P.S. This is being handled by a lawyer who is gonna let me know next week, just wanted to kill my curiosity this week.
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pyaradeshbasiharu
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Posted on 09-01-09 5:52
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"so if file for extension, how long it will take to get approved?"
I assume that u did COS from H1-f1..so there is no question of extension...have to file a New petition for H1b that won't be subject to CAP (if previously u were counted against the cap).Do PP , will get the approval withing 15 business days if there is no RFE..I am not sure abt startiing to work immediately once u receive ur RECEIPT..During H1 Extension and Transfer , u can work after u get the receipt from USCIS..So better ask the Lawyer who is handling the case..
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nayaa9
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Posted on 09-03-09 12:10
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Mitra pyaradeshbasiharu i did not find any difference in regular 12 month OPT and the extended 17 month OPT. DSO said no need of paystuff for extension and nowhere it says its different than the 12 month. I dont know how you said u have to be on payroll. Even you are voluntering for a company it is considered as employed (during the initial 12 month OPT) and i believe same applies to extension too. Can anyone clearify ???
thank you pyaradeshbasiharu for your input
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pyaradeshbasiharu
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Posted on 09-03-09 1:10
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Nayaa9, U have to be in payroll once ur OPT Extension starts...Even if there is Federal minimum wage that person is receiving it should be fine..Volunteer on OPT extension is fine if u getting paid..
here is he Excerpt from USCIS
What types of employment are allowed for students during an OPT STEM extension?Students granted an OPT STEM extension must work at least 20 hours per week for an E-Verify-enrolled employer in a position directly related to the student’s STEM degree.
STEM students may work multiple jobs related to their STEM degree, but all the employers must be enrolled in E-Verify.
Students on an OPT STEM extension are allowed to volunteer, incidental to their status. This means that volunteer work is allowed but does not count as employment for the purpose of maintaining F-1 status.
To make Matters clear ,
here is a link on one of the Forums that i have visited
My Bottom Line..Once ur on OPT extesnion who have to be paid from the Day ur OPT extension starts..
Sometimes DSO may not be aware of all the Rules(MY DSO was like that)..Just to make matter clear Consult an ATTORNEY..
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