Employer is not paying on STEM OPT

[mmgehlot (Manmohan Gehlot)]

Hi,
*POSTING ON BEHALF OF FRIEND
My friend recently laid off and she reached out to a consultancy. The consultancy agree to file her I983 and provided her offer letter with salary detail but never asked for her bank detail. She asked them how she will receive her salary then they told once they get a client then she will be paid.

She is worried and anxious because employment on STEM OPT has to be paid but she will not receive any salary until they find any client.
My question is “Does being an unpaid employee affect her status?”, How does USCIS track the salary record of F1 students on STEM OPT?

She also reported her employment change to the university and USCIS.

[Kalpesh_Dalwadi]

@mmgehlot

She is worried and anxious because employment on STEM OPT has to be paid but she will not receive any salary until they find any client.
My question is “Does being an unpaid employee affect her status?”

Any unpaid period may be counted against her unemployment days, unless it is an unpaid time off ( leave of absence ) . Also be careful about 3rd party contracting employment which may also break the STEM OPT employment rules unless a bonafide employer-employee relationship exists which could be tough to prove.