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kirans

OPT payroll on H1

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Hi

I am currently on my OPT Stem-Extension which ends on feb 2019 and my f1 visa ends on june 2019.

I got H1 visa approval notice on October 20th 2018. As I got to know my approval notice after Oct 1st, my employer had to run same OPT payroll (not with H1 pay or taxes) till Nov 15th.

Would it be a problem?

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It seems to me that you are on OPT and your H1b is approved in consular processing ?  Seems like you have missed some details in your question.

Bottom like is that it depends on when H1b starts and if you are on H1b or F1/OPT. You should be paid as per LCA terms from Day one of H1b status else its a violation of your H1b status. 

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If the H1 was a COS, you are on H1 from the start date listed on the approval notice and you need to get paid according to the H1 rules from that day on.

Payroll can easily be changed immediately. Every employer knows that and does that all the time, e.g., when they hire people or when they lay off people.

Edited by JoeF

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1 hour ago, xTDx said:

It seems to me that you are on OPT and your H1b is approved in consular processing ?  Seems like you have missed some details in your question.

Bottom like is that it depends on when H1b starts and if you are on H1b or F1/OPT. You should be paid as per LCA terms from Day one of H1b status else its a violation of your H1b status. 

Yes. We got notice from USICS on Oct 20th, stating my approval. In that notice it says that my h1b starts from oct 1st. Our payroll team process payroll on every 15th of each month. As we got to know about my approval on 20th its already late.

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Yes. We got notice from USICS on Oct 20th, stating my approval. In that notice it says that my h1b starts from oct 1st. Our payroll team process payroll on every 15th of each month. As we got to know about my approval on 20th its already late.

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3 hours ago, kirans said:

Yes. We got notice from USICS on Oct 20th, stating my approval. In that notice it says that my h1b starts from oct 1st. Our payroll team process payroll on every 15th of each month. As we got to know about my approval on 20th its already late.

The payroll team knows how to handle the payroll change retroactively from Oct. 1. Payroll people have to do salary adjustments like that all the time.

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