How to maintain your F-1 status during OPT? How to address your OPT Unemployment days

Many students in their first year of OPT resolve unemployment periods by hopping from one internship to another, seeking sponsorship from companies. This method is relatively safer and more efficient, serving as an emergency solution. (After the OPT extension, there’s an additional 60-day period, making the total unemployment days for STEM degree OPT holders 150 days.)

When the issue of exceeding the 90-day cumulative unemployment limit is raised, which may pose problems for H-1B visa or other visa applications, attention is indeed warranted. This unemployment limit is typically related to the requirement of maintaining valid residency status in the U.S. by the immigration authorities. To maintain visa compliance and eligibility for future visa applications, many choose to avoid accumulating OPT unemployment periods (OPT失业期) by OPT hopping (also known as “contract work,” “part-time work,” or “project collaboration”).

Is OPT hopping safe? Emergency solutions for unemployment periods!

OPT挂靠, as a flexible employment relationship, does provide many with the opportunity to maintain visa validity while also having more free time for personal development or preparing for other career opportunities. Here are some more detailed explanations regarding hopping:

1. Flexibility and Autonomy: Hopping relationships usually don’t have fixed full-time work hours or location requirements, allowing workers to schedule their time and tasks more flexibly. This is a significant advantage for those seeking to pursue career development, learning, or other personal goals simultaneously.
2. Less Stringent Scale Requirements: Unlike the H-1B visa, hopping jobs typically don’t have strict requirements regarding company scale. This means even small companies or startups can offer hopping opportunities, expanding the range of options for workers.
3. Salary and Tax Considerations: Hopping jobs can be paid or unpaid. If it’s a paid job, workers need to pay taxes as per tax regulations and may need to deal with tax-related issues. Unpaid work doesn’t involve salary and tax matters, but may have limitations on maintaining visa validity.
4. Compliance Awareness: While hopping jobs offer flexibility, workers still need to ensure their activities comply with immigration regulations. For example, they need to ensure their work is related to the profession declared during visa application and avoid engaging in activities incompatible with their visa category.
5. Career Development Opportunities: Through hopping jobs, workers can accumulate more experience and skills, laying the foundation for future career development. Additionally, they can use this time to prepare for interviews, take exams, or seek better job opportunities.
6. Risk Management: While hopping jobs have many advantages, they also carry certain risks. For example, if workers fail to find enough hopping jobs to avoid accumulating unemployment periods, they may face the risk of visa invalidation or inability to renew their visa. Therefore, when choosing hopping jobs, workers need to carefully consider and assess their risk tolerance.

OPT with a friend’s company or starting one’s own company for hopping OPT should involve work related to the field of study, which can positively impact future career paths and visa applications. It’s also a good choice for recent graduates without work experience to accumulate experience and build an impressive resume.

The requirement for employers to report to ISO (International Student Office) varies slightly from school to school.

Standard ISO requirements and processes for updating employer information:

1. Online Submission of Employer Information:

Schools usually provide a website or form for students to submit detailed employer information.

This information is directly linked to the student’s SEVIS (Student and Exchange Visitor Information System) number, ensuring accuracy and real-time data.

Submitted content mainly includes:

• Employer address
• Supervisor’s contact information (phone, email, name)
• Start and end dates of employment (if no fixed end date, the expiration date of the OPT first year can be filled in)
• Employer’s EIN (Employer Identification Number, i.e., tax ID number)
• Employee information (student information): name, student unique identifier (Student UNI), SEVIS NO. on I-20, etc.

2. Providing a Job Offer Notification:

• Students need to obtain a job offer notification provided by the employer, containing company address information, job position, working hours, and hourly wage (if it’s unpaid work, it should be specified as volunteer).
• The offer needs to be signed and confirmed by both the employer and the student, and sent as a backup to the ISO, also used for updating employer information in the SEVP Portal (Student and Exchange Visitor Program portal).

3. Updating Employer Information on the Paper I-20:

• Although most schools now manage employer information electronically through the SEVP Portal, updating employer information on the paper I-20 is still necessary.
• When a student’s OPT (Optional Practical Training) begins, the I-20 usually doesn’t have employer information, only the start date and advisor’s signature. Once the student obtains an employer, they need to submit the offer to the school, and the school will update the employer information on the paper I-20 synchronously.
• Since the employer information section on the paper I-20 typically only accommodates one employer, and students may work for multiple employers during OPT, many schools adopt online submission of employer information to allow students to submit information for multiple employers promptly.

Advantages of updating the paper I-20:

1. Convenience at the port of entry: When students re-enter the country after returning home, presenting the EAD (Employment Authorization Document), I-20, and employer confirmation letter can more intuitively show their current employment status.
2. Convenience in conducting transactions: When exchanging driver’s licenses, conducting banking transactions, purchasing cars, etc., where proof of funds is required, the updated paper I-20 makes it easier to pass verification.
3. Convenience of working across states: If students work outside the state where their school is located, the school can scan an electronic copy of the I-20 and send it to the student, while also mailing a paper copy to the student, ensuring that the student has the latest employer information regardless of their location.

In summary, understanding and adhering to the ISO’s requirements and processes for updating employer information are crucial for ensuring the compliance of students’ visa status, smooth handling of related procedures, and preparation for future needs.

MaxOpt is dedicated to maintaining your status during OPT, extending OPT, converting your status, addressing Day-1CPT enrollment concerns, applying for spousal visas within the US, conducting background check.