Can I change my employer immediately after entering US?

[a6795]

Hi,

 

I did my Master's in US and worked 28 months on OPT through a Consultancy firm. The same Consultancy filed for my H1B petition and it was approved. However, USCIS denied COS and I didn't receive I-94 card. USCIS advised me to leave the country and go for H1B stamping to re-enter US. I left US in XXX month (2014) when my OPT (status) was expiring in 30 days and have all the pay checks till that period.

 

When I went for H1B stamping, the VO put my case under administrative processing. After 5 months, I got clearance and received passport with H1B stamped on it. During this period, my employer didn't run any pay roll for me as I was out of country and didn't have any valid work permit (OPT or Status). My employer told me that he can't run pay roll for me as I am not on vacation with valid H1B status nor I have valid OPT to work. I am travelling to US next month on valid H1B visa with the same employer.

 

Question 1: Can I change my employer immediately after entering US? I have more than 3 pay checks in the year 2014 as I was working on OPT and none on H1B status. Also, I don't have any pay checks for the last 5 months when I was out of country. Please note my 28 months OPT employer and H1B employer is same.

 

Question 2: If No, when is it  possible to change employer?

 

Question 3: Can't I use my OPT pay checks to change my H1B employer?

 

Thanks!!

[jairichi]

What your employer said and did was correct.

1. Since you did not work on H1B there is no need for pay checks from current employer. But, once you enter US you need to report to current employer. Anytime later a new employer can file a cap exempt H1B petition.

2. Refer 1

3. Refer 1.

[pontevecchio]

Pay checks are immaterial if you are out of the country. Does the current employer have a job for you ?