Hi guys,

I am in deep trouble. I exntended my opt in nov 20th thtough everify conusltant. Took a training and i am yet to get a job. They havenot run a payroll . Its been more than 4 mths now. They told me its not needed but i found out that payroll is needed otherwise you are out of status. What can i do now? Can i ask them to run payroll since jan or can i go back to school? will there be any problem in sevis transfer please help

Did you use any unemployment period before extending your OPT? If you haven't used any unemployment period at all, you get a total of 120 days of unemployment. So, you were fine till March 20th. You just have to make them run your paycheck from March 20th. How many days of unemployment did you have before extending the OPT on Nov 20th?

I don't understand why people extend their OPT when they don't have a job? If i was in your place, i would have gone back to college to pursue another degree and used that extension the next time. I hope you know that the OPT extension is a one time deal?


Well hope you come up with something.


Good Luck!!!

hi , I have used 45 days before and from the info i gathered i dont have to run pay check until my everify extension has takeneffect  which is  feb 16th means i have used 45 more days of 120 days of unempoyment period. I still have 30 more days what my friends told me. is that true?

Once you extend your OPT, you will get non-employment time of 120 days. After that, you have to run your pay roll else your OPT will be automatically canceled. Yeah, you can go back to school but once you go back to school, your OPT will be canceled and you will be in full fledged f1.

No it'd not 120 days after extension it's total of 120 including extension

@teroobaau-- When did you OPT extension start-- Nov 20th or Feb 16th?

If your OPT extension started on Nov 20th and you had used 45 days of unemployment before that,
You had 75 days(120-45) of unemployment left. So, Nov 20th to Feb 5th(approximately). So you have to have paychecks starting Feb 5th(approximately).  

If your OPT extension started on Feb 16th and you had used 45 days of unemployment before that,
You had 75 days(120-45) of unemployment left. So, Feb 16th to May 2nd(approximately). So you have to have paychecks starting May 2nd(approximately).  


P.S. When you say you had 45 days of unemployment before the extension, you mean you weren't working at all right? On regular OPT even unpaid work can count as 'working'

hey guys nothin happens, relax, don't get involve in criminal activities, nobody gonna take your status. you are fine, just enjoy your time off, if don't have job, just do any job to get urself lived. after opt go to school, nobody has the rights to ask you what did you do in the opt period. bottom lone nobody cares, schools just cares about money. so don't worry be happy

I know many friends who have extended their OPT through consultancy yet not in payroll. कानून सम्बत नै जाने भय हो Extended OPT मा Tax तिरेकै हुनु पर्छा .तर यो ता student ले काम गर्न पाईन्न भन्या जस्तै होला (yet everyone works and many using their SS) अझ H1 मा भएका साथी ले पनी Tax run नगरेका case नभएका हैनान.

I am in same phase. Don't be panic. As I understood, you don't have to be in payroll to be in status at all. They (International Office of your college) just need name of the company and address to update in your SEVIS. That's all. You might have volunteered over there to get some experience. No need to be panic. Just update your university of the company.

Hope it helps...

If you cannot find a job, my advisor told me that even volunteering maintains OPT so just find something to volunteer in some related field and keep looking for something else.

guys it is true for first 12 month OPT (u can volunteer ) but u have to be on payroll during extended OPT 

yah those who are in misconception that extended OPT can be volunteer are greatly mistaken...you have to be in payroll otherwise days without the payroll are considered as unemployment days after you have extended your OPT

There is a difference between ‘out of status’ and ‘unlawful presence’. For people who have a D/S on their I-94 (like people on F-1), “Nonimmigrants admitted to the United States for D/S begin accruing unlawful presence on the date USCIS finds a status violation while adjudicating a request for another immigration benefit, or on the date an immigration judge finds a status violation in the course of proceedings.”( Memorandum dated September 19, 1997, 96 Act #058).  

Legally, if you are not involved in OPT qualifying job (for regular OPT- any paid or unpaid work related to your major and for extended OPT- any paid job related to your major) for more than 90 days (120 for extended) you are out of status. However, when you try to change your status to something else, USCIS doesn’t look at your ‘payroll’ or ‘taxes’ to determine this. They just look at your SEVIS and if you have informed your school you are working, the school updates your SEVIS to indicate where you are working. They don’t know whether it is paid or unpaid. This means that as long as your SEVIS has a name of an employer, you can change your status without facing any problem.

The bottom line is don’t worry too much about this. Do your best to run your payroll but if not, don’t stress too much about it. It is highly unlikely that you will face any problems when you try to go back to school after the completion of the OPT period.   

If someone else knows more about this and I am incorrect, please correct me.

thanks every1 for your concern and suggestions