Question regarding Optional Practical Training (OPT) for foreign student

[Dari]

I have a friend who graduated in the Spring. He applied for the OPT. However, he got 2 internships over the summer in a different country. When he was doing the internships hsi OPT was approved. One of the companies he was interning for said they would ask their head office in Chicago if he could work there and then return to the foreign country after his year of work in Chicago. The head office agreed. The problem is, while he was interning in the different country, his OPT has a 90 day requirement to get a job (from the time the OPT officially starts) came and went and now the head office's HR department is saying that he may not be able to work there. What recourse does he have? Does his summer internship count towards the requirement to get a job in 90 days?

[Dari]

No response???

[piasabird]

I for one have no clue what you are talking about. What is OPT? Optional Training for What? I dont have a whole lot of concern for foreign students one way or another.

[Dari]

Originally Posted by piasabird

I for one have no clue what you are talking about. What is OPT? Optional Training for What? I dont have a whole lot of concern for foreign students one way or another.

It's a work authorization for those with a student visa.

[lambchops511]

Time to lineup for H1-B.

[DesiPower]

Originally Posted by Dari

No response???

You barking up the wrong tree...

http://forums.immigration.com

http://www.immihelp.com/

both predominantly Desi forums. One run by Sheela Murthy and another my Rajiv Khanna, two big shots immigration lawyers.

Now as far as I remember you cannot re-enter the country under OPT so I don't know how your friend is planning to come back to USA.
Second point is, as far as visa rules are concerned, internship is NOT considered as a real job and will not count towards what you are talking about.
Being a Desi, one should always follow a few rules of thumb, NEVER, under and circumstances should you leave the country unless you are ABSOLUTELY certain that you can re-enter the country without any problems, your friend, if he really wants to stay in US should have found out about these before he/she left. Now I believe the best thing to do it to call an immigration lawyer and find out.

[Dari]

Originally Posted by DesiPower

You barking up the wrong tree...

http://forums.immigration.com

http://www.immihelp.com/

both predominantly Desi forums. One run by Sheela Murthy and another my Rajiv Khanna, two big shots immigration lawyers.

Now as far as I remember you cannot re-enter the country under OPT so I don't know how your friend is planning to come back to USA.
Second point is, as far as visa rules are concerned, internship is NOT considered as a real job and will not count towards what you are talking about.
Being a Desi, one should always follow a few rules of thumb, NEVER, under and circumstances should you leave the country unless you are ABSOLUTELY certain that you can re-enter the country without any problems, your friend, if he really wants to stay in US should have found out about these before he/she left. Now I believe the best thing to do it to call an immigration lawyer and find out.

Thanks for the links. The person is alredy in the country so re-entry is not a concern. He has been waiting while the foreign office and Chicago work on his employment here.

[DesiPower]

Originally Posted by Dari

Thanks for the links. The person is alredy in the country so re-entry is not a concern. He has been waiting while the foreign office and Chicago work on his employment here.

Oh, in that case I guess the only questions is, is the employer willing to employ... it totally defends upon the HR dept of that company. I used OPT looong time back, I don't think we had a 90 days anything at that time, I didn't use my OPT for almost 6 months and did now have any problems later... but immigration system is much stricter now, as I mentioned earlier, those forums or a paid consultancy the lawyers should help you out...

[Dari]

Originally Posted by DesiPower

Oh, in that case I guess the only questions is, is the employer willing to employ... it totally defends upon the HR dept of that company. I used OPT looong time back, I don't think we had a 90 days anything at that time, I didn't use my OPT for almost 6 months and did now have any problems later... but immigration system is much stricter now, as I mentioned earlier, those forums or a paid consultancy the lawyers should help you out...

Thanks for your help and opinion. You're right, it's totally up to the HR office. ALso, it's kind of their fault since the two offices began talking to each other long before the deadline came and went. He will talk to them today.

[Mustapha]

Hey guys plz I need your help.
This is the last week of my graduation. When I apply to the international office of my university to give me new I-20 after one day they asked me to apply without I-20 because for some reasons i could not understand. They asked me to apply with all papers of OPT chicklist without new I-20. They told me i will receive a paper from USSAS and another paper that i have to submit to tyhe university to get I-20..

My problem i doubt it and for some troubles that i have already had with my International office i did not trust them. plz help me if this is standard procedure or something wrong? I need your help very soon.

Thank youu

[Dari]

Originally Posted by Mustapha

Hey guys plz I need your help.
This is the last week of my graduation. When I apply to the international office of my university to give me new I-20 after one day they asked me to apply without I-20 because for some reasons i could not understand. They asked me to apply with all papers of OPT chicklist without new I-20. They told me i will receive a paper from USSAS and another paper that i have to submit to tyhe university to get I-20..

My problem i doubt it and for some troubles that i have already had with my International office i did not trust them. plz help me if this is standard procedure or something wrong? I need your help very soon.

Thank youu

http://www.columbia.edu/cu/isso/visa..._overview.html

[nixium]

Originally Posted by Mustapha

Hey guys plz I need your help.
This is the last week of my graduation. When I apply to the international office of my university to give me new I-20 after one day they asked me to apply without I-20 because for some reasons i could not understand. They asked me to apply with all papers of OPT chicklist without new I-20. They told me i will receive a paper from USSAS and another paper that i have to submit to tyhe university to get I-20..

My problem i doubt it and for some troubles that i have already had with my International office i did not trust them. plz help me if this is standard procedure or something wrong? I need your help very soon.

Thank youu

Try this link - it seems you have to apply with the copy of the new I-20. Why won't they give you a new one? You need to find the reasons .. "not understanding" is no excuse.

http://iss.washington.edu/employment.../opt/12-months

[nixium]

Originally Posted by Dari

Thanks for your help and opinion. You're right, it's totally up to the HR office. ALso, it's kind of their fault since the two offices began talking to each other long before the deadline came and went. He will talk to them today.

There's two things that he needs to be aware of:

1. Visa - this is to enter/leave the country. Applies only at the point of entry.
2. Status - this is his status within the country, if he's doing the legal requirements to maintain his student status.

The issue is, it's possible to have a valid visa, but be out-of-status within the country. Likewise, it's possible to have valid status within the country, but an expired visa.. in which case you can't re-enter the country till you get a new (valid) stamp.

This 90-day rule thing seems to be new, and it's somewhat worrying. As far as the government is concerned he hasn't a job for 90 days, and he technically may be out of status. If he's out of status for more than a month or two he may be banned.. not sure. I'd call an immigration lawyer ASAP.