SJ9184 Posted February 6, 2020 Report Share Posted February 6, 2020 Hello, My Employer owns 2 companies. Company A and Company B. He shifted all the employees working on company A to company B payroll. I have been reporting my employment with company A on my STEM OPT. Company A now only has 1 employee (the owner himself). Is it ok to file for H1B with Company A that has only 1 employee and with my payroll being run with company B? or is there a way to report my employment on STEM OPT for company B by terminating my employment with company A to a back date? Quote Link to comment
User099 Posted February 7, 2020 Report Share Posted February 7, 2020 Its better to have the payroll to be run by the same company that does the h1, or else you are inviting an RFE asking why. H1 by a small company is fine as long as they meet all the requirements. Quote Link to comment
cyberlord Posted February 10, 2020 Report Share Posted February 10, 2020 Your H1-B should be filed for Company B after filing suitable amendments. I don't think back dating is possible, however, I'm not sure. Quote Link to comment
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