sawdustanddiamonds

Hey everyone,

I am a UK citizen.. but I live in the US, I'm in grad school and I have an F-1 visa.

Over the summer I will be doing an unpaid internship in NYC. As I am in school, and being on an F-1 visa I was wondering if anyone knew if I needed to apply for either CPT OR OPT. I assume if anything, I would have to apply for OPT (Optional practical training) as it isn't integral to my course.

Things to note:

- I am on summer vacation however, I am still getting paid by the university as I am on fellowship/full scholarship so I will still be taking credits.

- The position is unpaid HOWEVER, it is usually a paid position and I said that I would do it for academic credit.


The university (the people who fund me as well as my department and my advisor) have all approved the arrangements. However, I spoke to an international advisor today... and she said I need to apply co CPT (curricular practical training) and if I don't do this before I start work (according to this woman) 'they' will take my visa away from me!

Now, I am a very organised person, and have researched a hell of a lot before coming to the states, and while sorting out my internship but this is news to me.

My thoughts/concerns are: Do I really need to apply for any of these things if my position is unpaid? What are the risks if I don't apply for any of these things? How will they find out if my school have approved it ? If I apply now, and it takes months to process then I am too late and I can't do the internship either way - could I not just plead ignorance if they found out?

I hope someone has some invaluable insight and can help me on this matter, I really do feel like all of the people at the international affairs office at my school are completely useless and don't know what they're talking about, and yet... this woman's got me a little worried :/

Thanks guys!

sawdustanddiamonds

I'd like to add that I've previously mentioned to the IAO whether or not I need to complete any paperwork for an internship and they said NO. I only found out today by chance ! I am meant to be starting work on Monday !!

Noorah101

Do you have an EAD (Employment Authorization Document)? If you do, it might not be a problem...at least you would have work authorization in hand.

If you don't have an EAD, then you can't do any unauthorized work (I assume this means work which is not applied for via your OPT or CPT, or which is not otherwise approved on your F-1 visa).

The fact that you are not being paid is irrelevant. If it's a job which someone would normally be paid for, and you offer to do it for free, and the company accepts your offer, it's still unauthorized employment.

Pleading ignorance after the fact won't do you any good, if you have hopes of staying further in the USA.

Have a consultation with an immigration attorney before this coming Monday!

Rene

ian-mstm

Generally, whether you get paid or not is irrelevant. The issue is whether someone in that position would normally be paid for that sort of work. Also, it's not just about money... it's about receiving anything in return for what you're doing - in this case, you're getting academic credit.


"They" probably won't find out about it... but that's not the same as it actually being an allowed activity. Your question really boils down to: "If it's not actually allowed, can I get away with it?"


See above!

Hopefully, someone will come along shortly and help to fill in the gaps.

Ian

sawdustanddiamonds

Hmmm thanks everyone.

I do not intend to stay in the country after the summer, I've had enough. I feel so screwed over by my university, and I didn't know what I was getting myself into when I signed up for this.

Back to the situation at hand, I just wish I'd have known sooner as I would have got all of this sorted out immediately. There's no way my CPT will be approved in time (I certainly can't apply for OPT as I've found out online that it takes 2-3 months). I fly out on Saturday and the international office is closed on Friday. This is such a pain! Surely the employer must know about this? They are a big international company.

sawdustanddiamonds

I think OPT / CPT is the application to get EAD.. I assume so anyway

sawdustanddiamonds

Oh I just don't know what to do

caleyjag

It doesn't really work that way.

In my experience the prospective employee (you) needs to take some degree of initiative. You hiring manager is probably an American and wouldn't know the first thing about your visa situation.

sawdustanddiamonds

Yes you are right, but they told me they have hired international people before. Unless... the EAD or CPT/OPT is something on my end that I don't even give the employer ? The dreadful international affairs woman mentioned something about my i-20, maybe something is added to it ?

I don't understand what it is for, or what I will do with it. I'm still so confused on the whole thing.

sawdustanddiamonds

What if, I were to apply for it and it will arrive late next week and I still start on this coming Monday. Would that be so awful ?

md95065

Neither the people who fund you or your prospective employer (and, yes, they will be your "employer" even if you are an unpaid intern) are appropriate people to ask for advice about what you can and can't do on your F-1 visa.

The international adviser, however, would have been a good person to ask and I suspect that, in this case, she is probably correct ...

Noorah101

No, the application for an EAD is Form I-765, found at www.uscis.gov. It can take some time to get EAD in hand, too, though...so probably won't help if you're thinking of starting next week.

Rene

jxv73

Plainly speaking, you are scr-w-d. You had to get OPT. OPT is only available after you graduate. The correct procedure is to work with your school's DSO to update your SEVIS record to reflect OPT, and get a new I-20, and based on that apply for an EAD with USCIS. This needs to be done 90 days in advance.

Once you finish school, the DSO will update your SEVIS record to reflect the fact. You have 45 days to leave the US after that, or enroll for another semester.

The issue is not whether you will get caught for unauthorized employment during those 45 days (probably not). Your employer will have to file an I-9 form (they do this on everyone, USC and LPR included) and you have to show them a document authorizing you to work.... which you will not have. I seriously doubt a "big international company" will let you go along without that.

crg

An F-1 can remain for 60 days following graduation, 15 days if they are allowed to withdraw from classes, and 0 days of they are terminated.

I would do what the international advisor/DSO says. An F-1 with an EAD must still have approval from the DSO to accept work.

Paid/Unpaid doesn't matter. Work is work.

jxv73

The risks of relying on memory.