Hello! I’m on OPT post grad visa and working as a steady/extra at the hotel. My employer cannot promise me any hours in a written form but for the next month I’m scheduled to work 40 hours every single week. Can I use my paycheck as a proof of employment since they cannot guarantee 20 hours per week in written form but they are telling me that I will have at least 30 hours every single week (they worked there for 4 years and never saw a steady extra worker who got less than 20 hours). Would paycheck work as a proof of employment since it will show that I worked 40 hours?
OPT postgrad only requires that an individual work 20 hours a week in a field related to the schooling. I see nothing wrong with your being able to prove the 20 hours a week through your paychecks. I note that most paychecks have another part that shows the number of hours worked. Such would also help although it is not necessary as long as the rate of pay per hour is known.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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