URGENT ISSUE. PLEASE HELP

[aldo24 0]

Hello guys,

I am under OPT. Worked the first 3 months and then was 4 months unemployed due to COVID. Talked with DSO while in 3 month unemployment period and they told me due to COVID an exemption has been made to the 90 day unemployment rule and Sevis will not be terminated. I started working again after the 4 month unemployment period and my sevis is still active and DSO gives me permission to work. My question is whether I am still in status or not ? Can I file I-485 marrying a LPR since Sevis is still active ?

[aaron2020 11,651]

The exemption was for online classes.  There wasn't an exemption for being unemployed for more than 90 days on OPT.  You are out of status.  You have been working illegally.  Your DSO is giving you bad advice.  Ask your DSO something where it saids there's an exemption for more than 90 days of unemployment

The reason your SEVIS is still active is because you did not inform them you were unemployed.  You are required to update SEVIS about your unemployment within 10 days.  You didn't do that, so SEVIS doesn't know you were unemployed for more than 90 days. 

Here's the official exemption notice.  Notice that it's an exemption for in class instructions and that all other regulations still apply.

 

https://www.ice.gov/news/releases/sevp-modifies-temporary-exemptions-nonimmigrant-students-taking-online-courses-during

 

You can not adjust status by marrying an LPR.  

Sorry.

Edited January 30, 2021 by aaron2020

[aaron2020 11,651]

https://www.wm.edu/offices/revescenter/issp/visasandimmigration/f1student/employment/opt/opt90daysunemployment/index.php

 

OPT & Unemployment

• Applying for OPT
• OPT STEM Extension
• OPT H-1B Cap-Gap Extension
• OPT 90 Days Unemployment Rule
• FAQs: OPT
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Students on the first 12 months of post-completion OPT authorization may not be unemployed for more than 90 days total. This is aggregate, meaning that if you have 40 days of unemployment, you would only be allowed to be unemployed for a remaining 50 days before you risk violating your immigration status.

STEM extension students authorized for an additional 24 months of OPT may not be unemployed for more than 150 days during the total 36 month OPT period. 

How can I avoid exceeding the 90 day unemployment rule?
 

While on OPT, engage in activities, paid or unpaid, in your field of study for at least 20 hours per week.

USCIS has a broad definition of what constitutes as employment which includes the following:

• Standard employment
• Paid or unpaid* internships
• Working for multiple employers.
• Short-term multiple employers
• Work for hire (service on a contractual basis)
• Self-employed business owner.
• Employment through an agency or consulting firm.
• Volunteering*

June 1, 2020 UPDATE: For the duration of the COVID-19 emergency, SEVP considers students who are working in their OPT opportunities fewer than 20 hours a week as engaged in OPT.

Notify Immigration of any changes to your employment, address, or phone within 10 days by updating this within the SEVP Portal. Contact the Reves Center if you have difficulty.

Keep documentation of all your employment (e.g., job offer letter, volunteer confirmation letter, supervisor letter, etc.) as proof that you have not exceeded the 90 day unemployment rule.

* While students may engage in volunteer work and unpaid internships while on OPT, they must still be in compliance with the Department of Homeland Security and Department of Labor laws. Please see our page on “Volunteering and Unpaid Internships” for more information.

What happens if I exceed 90 days of unemployment?

The Department of Homeland Security (DHS) has said they will be terminating immigration records of students who have exceeded 90 days of unemployment. If your immigration record is terminated, you must leave the US immediately; there is no grace period.

If you exceed the 90 days of unemployment, you will no longer be in a valid immigration status, and this can both affect your ability to remain in the US, and may mean ineligibility for future immigration benefits (such as a change of status to H-1B), or denial of a future visa application. 

The best advice is to engage in activities outlined above and keep good documentation of your employment.

If you are in your OPT and will soon exceed the 90 days of unemployment and you have no plans to work, volunteer, or intern in your field, then you should consider:

• Applying to continue your education by a change of education level or transfer to another SEVP-certified school
• Depart the US
• Initiate a change of status

Leaving the US and ending your OPT
 

If you have decided to leave the US and not continue your OPT, you can request that the Reves Center complete your immigration record through iStart.

• Log into iStart using your WM Userid and Password. Click on F-1 Practical Training in the menu on the left-hand side. Then, click on Optional Practical Training STEM Employment Update and complete the form.

[aldo24 0]

Thank you for replying. 

So why has my Sevis remained active during the entire time ? They never terminated it

[Boiler 45,525]

You can adjust status by marrying a USC.

[aaron2020 11,651]

3 minutes ago, aldo24 said:

Thank you for replying. 

So why has my Sevis remained active during the entire time ? They never terminated it

It wasn't terminated because you did not informed them you were unemployed.  You are required to inform them within 10 days of any changes in employment.  You didn't do that, so they don't know.  

[aldo24 0]

I did infirm them. I let them know I have been unemployment for 4 months. That information is in Sevis and DSO knows it. They allowed me to keep working and SEVIS remained active. There is a 4 month unemployment in Sevis being reported

[aaron2020 11,651]

1 minute ago, aldo24 said:

I did infirm them. I let them know I have been unemployment for 4 months. That information is in Sevis and DSO knows it. They allowed me to keep working and SEVIS remained active. There is a 4 month unemployment in Sevis being reported

You need to go see an immigration lawyer.  You see the information that I've posted.  No where is there an exception for exceeding 90 days of unemployment.  

[aldo24 0]

I will. 

But isn't it werid knowing that me sevis was never terminated even though I reported it and DSO told me it is ok ? I understand the rules, but I was hoping that having an active Sevis makes me be in status

[Boiler 45,525]

Probably in a pile somewhere everything is well behind.

[millefleur 5,046]

**One duplicate post removed. Please do not start multiple threads on the same topic; keep all discussion to your question to this thread.**

 

VJ Moderation

[Coco8 1,042]

You always have to do additional research on your own, not just go by DSO. 4 months without work is a very long time; you could have volunteered, found unpaid intership, or found some part-time work at the university you graduated from. I just checked and there are plenty of resources online saying that covid extensions were not for OPT

 

You should talk to whomever is in charge of the international student office and complain about this DSO. 

 

If you are OPT STEM, though, you might be OK because OPT STEM can have more days of unemployment, because the OPT is longer.

[Bob in Boston 716]

20 hours ago, aldo24 said:

But isn't it werid knowing that me sevis was never terminated even though I reported it and DSO told me it is ok ? I understand the rules, but I was hoping that having an active Sevis makes me be in status

Just because the Government hasn't caught their mistake does not let you off the hook. They will argue you knew the rules and didn't follow them.