Working on OPT without H1B activation

[jaymin123]

Hello,

I have very tricky question.

Right now I have OPT till next Feb. My employer has filed for H1b and got it approved( Which will start form Oct.1st.) My employer will not gonna run paystubs from Oct.1st. as I dont have job.

But recently my project got rolled over. I am still on OPT status.

My questions are :

1. Will my H1B become active from Oct.1st even if my employer will not run paystubs?

2. Can I work on OPT till next March if my employer will not run paystubs?

3. Will they cancel my H1b without letting me know?

4. Can I transfer my H1b after Oct. without paystubs from my current employer?

Thanks in advance.

[JoeF]

You will be on H1 from Oct. 1.

And on H1, you have to get paid, even on bench without a project. That's the law, and the employer knows it, since it is referenced right next to the signature line on the LCA.

If the employer doesn't want to pay you, file a complaint with DOL on form WH4. The DOL will make the employer pay you.

Oh, and find a better employer, one who doesn't break the laws.

[rahul412]

1. Will my H1B become active from Oct.1st even if my employer will not run paystubs?

2. Can I work on OPT till next March if my employer will not run paystubs?

3. Will they cancel my H1b without letting me know?

4. Can I transfer my H1b after Oct. without paystubs from my current employer?

1.You have to be paid each and every month, that's law. If your employer is not paying you, then both you and your employer will be in trouble ( VISA may be rejected stating " Your employer doesn't have enough revenue to pay you")

2. Usually, your OPT becomes invalid from Oct 1st if you have a valid COS from Oct 1st. But people say their is 30 days gap period of change from OPT to H1( I am not sure about this)

3.They can.

4. You need to have latest paystubs for H1 transfer.

These are my opinions, wait for more replies.