Karna11 Posted April 3, 2013 Report Share Posted April 3, 2013 my H1B start from Last Oct 2012 , but my Opt extension expired mar 2012, my employer ran the paycheck untill this march on OPT, he didn't tell me any thing i just realize den asked my employer, he says ran the paycheck on OPT, i know it's not legal, what i have to doo now? how can i make correct this issue? please give me suggestions Link to comment
JoeF Posted April 3, 2013 Report Share Posted April 3, 2013 The employer needs to get HR to fix this. You can't do much there. Link to comment
mck Posted April 3, 2013 Report Share Posted April 3, 2013 I think your Annul Income should be over what was specified in your LCA. Pay your taxes correctly and you should be good as long as your pay is not below LCA amount Link to comment
chtummala Posted April 3, 2013 Report Share Posted April 3, 2013 i dont understand running pay checks on opt .. does it mean he did not pay your social security and medicare tax .. or does it mean he did not do rehiring process ( i-9 , w4 ... ).. those are your employer responsibilities and he is in trouble for not doing them .. Link to comment
DontTakeRisks Posted April 3, 2013 Report Share Posted April 3, 2013 why would your employer pay you if you weren't working in march? if you were working in march then you violated your own status. regardless nothing will probably happen unless USCIS decides to audit you. Link to comment
wiweq Posted April 3, 2013 Report Share Posted April 3, 2013 Are you sure you are on H1b, a specialty occupation visa status? Link to comment
t75 Posted April 4, 2013 Report Share Posted April 4, 2013 See an attorney. Cap gap did not apply since OPT-EXT expired in March before H1B was filed. Link to comment
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