H1B - Employer A with payroll B


SJ9184

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Hello,

I was hired at company A in 2018 December and have been working with them. My 24 month stem extension was filed with company A starting in May. 

While i was working for Company A, my employer opened up another separate company doing the exact same work and under the same ownership. He basically wanted to split his projects into two companies. For some reason my employer shifted payroll for all the employees in company A to run from company B from June 2019. I was unaware of this because my payroll is on direct deposit to my bank account and the company never informed me. 

Currently my payroll is being run on Company B when my Stem OPT has been filed with company A. 

I reached out to the lawyer my company hired for my H1B filing due this year. He mentioned about this to me and asked me to reach out to my school in order to understand if this can be fixed and if they can let the authorities know about such a scenario in order to avoid any uncalled complications as RFE.

The school is pointing out to seek information available on its website which states that i need to submit my I-983 with the last page completed for termination of my employment at company A and submit a new i983 for company B.

I would like to know what are the issues associated with all this if i want to apply for H1B. 

Should i go ahead and update my employment to terminate employment with company A in November (since my employment status was updated to SEVIS upon 6 month completion of my STEM OPT - every 6 months needs to be updated). In that case i can submit a new i983 showing employment commencing with company B from November to present.

My Payroll records show that i was an employee of company B while my stem opt was filed and updated for company A. 

 

Please provide me answers to know how i can deal with this situation. 

My employer is ready to file my H1B from any company i want (meaning company A or company B). I just need to make sure that my H1B is not jeopardized due to this anomaly. 

What kind of RFE's am i looking at if i file for H1b. Can this be avoided?

 

Thank you. Awaiting responses.

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