H1B已死，问下24个月的opt ext

问下在e verify公司工作的independent contractor能不能申请opt extension？本来17个月的时候是可以的，但是新规定24个月就不知道了。

anna-1080 发表于 2016-5-6 11:56
感觉楼上贴的没有说做contractor不行啊，你做contractor跟vendor公司就是直接雇佣关系。你用vendor公司申请 ...

From Q&A Section of the new rule:
Other commenters suggested that DHS allow STEM OPT students to engage in employment with more than two employers and be employed through a temporary agency or a consulting firm arrangement that provides labor for hire. A commenter asked DHS to clarify its position relating to placement agencies, asserting that there may be some legitimate situations in which a staffing company that supervises STEM students should not be prohibited from participating in the STEM OPT extension.

Response. There are several aspects of the STEM OPT extension that do not make it apt for certain types of arrangements, including multiple employer arrangements, sole proprietorships, employment through ‘‘temp’’ agencies, employment through consulting firm arrangements that provide labor for hire, and other relationships that do not constitute a bona fide employer-employee relationship. One concern arises from the difficulty individuals employed through such arrangements would face in complying with, among other things, the training plan requirements of this rule. Another concern is the potential for visa fraud arising from such arrangements. Furthermore, evaluating the merits of such arrangements would be difficult and create additional burdens for DSOs. Accordingly, DHS clarifies that students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the Training Plan, and the employer that signs the Training Plan must be the same entity that employs the student and provides the practical training experience.

"There are several aspects of the STEM OPT extension that do not make it apt for certain types of arrangements, ... employment through consulting firm arrangements that provide labor for hire, and other relationships that do not constitute a bona fide employer-employee relationship. ... One concern arises from the difficulty individuals employed through such arrangements would face in complying with, among other things, the training plan requirements of this rule. ... Accordingly, DHS clarifies that students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the Training Plan, and the employer that signs the Training Plan must be the same entity that employs the student and provides the practical training experience."这是学校老师发给我的邮件里写的。她说别说是indipendent contractor了，普通contractor也不行。愁人的很。

"There are several aspects of the STEM OPT extension that do not make it apt for certain types of arrangements, ... employment through consulting firm arrangements that provide labor for hire, and other relationships that do not constitute a bona fide employer-employee relationship. ... One concern arises from the difficulty individuals employed through such arrangements would face in complying with, among other things, the training plan requirements of this rule. ... Accordingly, DHS clarifies that students cannot qualify for STEM OPT extensions unless they will be bona fide employees of the employer signing the Training Plan, and the employer that signs the Training Plan must be the same entity that employs the student and provides the practical training experience."

好像也可以的

ofdk88 发表于 2016-5-4 09:58
同学你的“好像也可以的”，能说的具体点吗？同关注，急，谢谢

google , lawyer

nothing comes free

直接给USCIS发信问问？