Working on OPT after H1-B approval


shm123

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I am working for company A on OPT and I did my OPT extension with company A in January 2013. Company B filed my H1-B this year and I got approved and my starting date was on 1st October 2013. However I found out today that company B did not start processing my payroll yet and I am still working with company A. Company B said that they I will be starting work with them in the last week of October. My question is whether I am still in status or out of status.

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I am working for company A on OPT and I did my OPT extension with company A in January 2013. Company B filed my H1-B this year and I got approved and my starting date was on 1st October 2013. However I found out today that company B did not start processing my payroll yet and I am still working with company A. Company B said that they I will be starting work with them in the last week of October. My question is whether I am still in status or out of status.

Out of status.

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I am working for company A on OPT and I did my OPT extension with company A in January 2013. Company B filed my H1-B this year and I got approved and my starting date was on 1st October 2013. However I found out today that company B did not start processing my payroll yet and I am still working with company A. Company B said that they I will be starting work with them in the last week of October. My question is whether I am still in status or out of status.

From Oct 1st, you are on H1 so you cannot work on OPT for 'A'.

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You are out of status.

You can NOT work for A anymore. Your OPT is over. You need to stop working for them IMMEDIATELY!

You are on H1 now. You have to work for B, and B has to pay you, per the H1 laws.

I am moving over to company B this monday. SInce I am working with company A from October 1st, what consequences will it cause me in the future. Comapny B is planning to start my green card from next month.

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  • 2 years later...

Just wanted to reply to this old thread of mine as it may help others. At that time I spoke to the immigration lawyer and as per the law you have 60 days to change companies starting from October 1st.

 

Sort-of.

You have up to 60 days to report to work for the H1 company. But that does not mean that you can continue to work for the old company on OPT.

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