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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28732
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I graduated in December 2015 in MS Computer Science. I was

Customer Question

Hi,
I graduated in December 2015 in MS Computer Science. I was working for Wells Fargo as a contractor from August- December 2015. I am on my OPT since December 22nd 2015. From Feb I have been associated with consulting firms looking for a project through them. But, nothing worked out with them. I have now found a Full time job. So I have to fill the application form for my background check, whom should I specify as my previous employer? Is it Wells fargo or the consulting firms I was just associated with though I did not get a project through them. Could you please give along with this by giving some more information if the background check considers this to be a cap-gap? I have got offer letters from those consulting firms which is been updated in the University as well. Am not sure if I have to specify all of these in the application form or just be good by specifying about Wells Fargo. Please guide me. Thank you.
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Asad Rahman replied 11 months ago.
You can specify Wells Fargo since you were actually employed by them.
Customer: replied 11 months ago.
During the Employment background check, do they really check if I was unemployed on my OPT? Or do they just check the information I provide?
Expert:  Asad Rahman replied 11 months ago.
They usually contact who you provide.
Customer: replied 11 months ago.
Okay. And since I have been associated with consulting firm for 7 months. Is this counted as Cap-gap on OPT? Will this be problem any time when they apply for my H1? Please given me some information on this. Thank you.
Expert:  Asad Rahman replied 11 months ago.

Let me opt out so one of our immigration experts can help.

Customer: replied 11 months ago.
Thank you. That would be great
Expert:  Judith Ludwic replied 11 months ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

Who was giving you your pay checks? Were the paychecks from Wells Fargo or from each individual consultant?

Also What do you mean "counted as cap-gap on OPT"?

Cap gap is the period of time from when your OPT ends to October 1st when an H1B petition which has been filed for you begins. So if your H1B petition was filed April 1st and your OPT ended May 5th the period from May 5th to Sept 30th would be "cap gap" period during which you are allowed to continue to work until the H1B kicks in.

Judith

Customer: replied 11 months ago.
Hi,
I understood Cap-Gap. I am not in that situation. Sorry for using a wrong word.
When I was working for Wells Fargo, I was given the pay check from a consulting firm. I was working for Wells from August-December 2015. I went on my OPT from December 22nd onwards. After my project in Wells fargo, I have been associated with consulting firms in looking for a job they provided me an offer letter saying am working for them, but things did not work out well and I couldn't get a project from their end. I have got a full time job on my own now, so will I be facing any problem?
Expert:  Judith Ludwic replied 11 months ago.

I am not clear on what employment authorization you were working for the consulting firm from August until you received OPT on 22 Dec 2015?

The consulting firm was your employer if they were paying you so you would name them as the employer.

What do you mean "associated with consulting firms in looking for a job"? Were you providing any service for the consulting firm and being paid by them while looking for a project?

Your OPT requires you to be employed. Employed means not that you have an "offer letter" but that you are providing a service and actually receiving compensation for the service. OPT does allow you to do unpaid internship if it is not STEM but you have to have weekly logs of the services provided detailing the job duties and hours spend doing those duties. You have to work at least 20 hours per week while on OPT. If you were not providing any services and do not have logs for your 20 hours of weekly activity signed by the consulting firm that is unemployment time. You are only allowed 90 days of unemployment on OPT.

So I need you to be totally honest and clear with me.

When did the Wells Fargo project end?

What exactly do the letters from the consulting firms state?

Did they pay you while you were looking for projects?

If you would like t discuss this on the phone I can offer that service to you but you may have some issues here when it comes time to extend your OPT under STEM because USCIS wants evidence you did not exceed 90 days of unemployment while on OPT.

And before I can tell you what to put down for your background check I need to know exactly what services you were performing for the consulting firms and if you have the necessary documentation.

On first glance my answer is to list the consulting firms as your employers which you gave to the school as verification of being employed to maintain your OPT. But you need to be aware that at some point down the line you may be required to provide statements from these consulting firms of your 20 hours of tasks related to computer science weekly.

Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 11 months ago.
Mam, can I get back to you on this by collecting all the information precisely in couple of hours?
Expert:  Judith Ludwic replied 11 months ago.

Sure.

But so you are clear about who constitutes your employer, it is the person who paid you. In the case of unpaid internship under OPT it is the consulting firm.

You did NOT work for Wells Fargo. You worked for the consulting firm that had a contract to provide Wells Fargo specialized services. You were sent by the consulting firm, your employer, to provide the services contracted for. So never put down you were employed by Wells Fargo, that was merely your work site, not your employer.

It would show good faith to rate one of my answers. I am always available to you after you rate to answer follow-up questions. Questions never close out and are open for further discussion forever.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 11 months ago.
Hi,I was on CPT when I was working for Wells Fargo. From December 22nd onwards I went on OPT. From then on, I have been with consulting firms where I am not providing any service apart from just looking for jobs through them. I am not sure if they would give me any evidence stating I was providing service to them, I need to check back those consulting firms.My Wells Fargo project ended in December 30th 2015.
I can attach the Offer Letter, please let me know.
They did not pay me when I was with the consulting firms.I wasn't aware that USCIS would require evidence, I thought probably Offer Letter would do good. Now I have got a Full Time job by myself. I am not sure what has to be done. Please let me know on this.
Expert:  Judith Ludwic replied 11 months ago.

You cannot turn back the hands of the clock. You were fine up to Dec 30, 201 and 90 days thereafter.

I don't need to see the "Offer Letters" they are not evidence of performing a service related to your major, computer science.

For your background check the only employer you can put is the one that had sent you out on the Wells Fargo project. The name on those pay stubs.

That background check will not be shared with USCIS.

Hopefully you will get lucky and not be asked for proof of having remained employed during your OPT except for 90 days.

Even if you worked for yourself say developing an app or some computer program and have daily logs of the work you did on these projects and any email exchanges from interested people that is acceptable as "employment" under "OPT".

Other than that, you may be asked by USCIS for evidence you maintained lawful status under your OPT when applying for the extension. Since you will have pay stubs for at least 3 months before you file for the extension you may slip by.

But in answer to your original question your only employer was the consulting company which ended 12/30/15.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith Ludwic replied 11 months ago.

I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face or 3+ stars
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Expert:  Judith Ludwic replied 11 months ago.

May I answer anything additional for you to earn your satisfaction. I strive to give good customer service and comprehensive answers. I feel I have failed you. Please tell me what additional information would be helpful.
Judith