OPT Stem Extension

[fksayaci]

Hi.

I have been in Upwork since August 2018. I am an international with F1 visa status. I am currently in my OPT.

My question is about the time when I apply for OPT Stem Extension. If USCIS request for evidence (RFE) to get more information about my employment history, should I report Upwork as an employee? How should I report it because I am a freelancer?

Secondly, should I report every tasks that I have done at Upwork if USCIS requests for evidence? As you may know, my job should be related to my major (it is an OPT requirement), which is industrial engineering and operations research. My current task is about operations research. My previous two job is to teach mathematics and chemistry to high school and college students. Mathematics is actually part of my job. Teaching chemistry is not far away from my discipline. As a bottomline, should I report every task that I have done at Upwork and show their relations to my expertise discipline?

Thank you

[aocumen · Accepted solution]

Hi Fikri, 

It would be best to consult with a local advisor about your case. You may refer to Section 2.1 Relationship to Upwork of the Upwork User Agreement for more information about your relationship to Upwork as a freelancer. 

[som028]

I am interested to know were the questions got answered, if so, please share the answer.

Thank you.

[fksayaci]

Hi.

Sorry for the delayed answer. I have just applied for OPT Stem Extension, and I did not list any of tasks that I conducted in Upwork. Although they are related to my major, I did not list them. I was suggested if there is a RFE, then I can just send a list of tasks of Upwork to prove. There is no clear answer for this question. I think you should what sounds to be correct for you.

[ee424a2e]

Hello Fikri, I am in a similar problem. Did you get an RFE? Did adding Upwork for your employer get you through the paperwork and allowed you to work as a freelancer? 

[fksayaci]

Hi Anuhya

It has been a long time. I did not get any RFE after I applied for STEM OPT extension. I remember that I did not report my tasks at Upwork on OPT paperwork. In the initial months of my first-year OPT, I found a job in a company. Hence, I reported only my company position when I applied for OPT extension. I am not sure if this fits to your position exactly.

Kind regards

[tlsanders]

This is a question for an immigration lawyer. You are not actually employed at all, but are self-employed, which is a different situation for visa purposes than having a job. There are a lot of ways this could go wrong, and you won't be able to fix it once you've submitted your information, so consult a professional before you move forward.