Hi all

         I am on OPT and my OPT expires on Feb 09. Recently my H1B has also been approved. Since my dhoti Company is not able to find me any projects till now. So if I do not get any job before October 1 then can I continue to be in OPT and extend my OPT and do not Use my H1. Or after October 1, I would be automatically be on H1.

And if they do not run the payroll after October 1, will I be out-of-status or I will be allright till my OPT expires.

And do you guys have any idea if the dhoti consultancy run the payroll, what should be the minimum amount the payroll should be for H1?

Thank You.

Maayakobarima,

First congrats on getting H1B and graduation. However, the timing of ur graduation seems to be absolutely wrong. GoodLuck with getting a job.

Answer for your question is "absolutely not". I think we have talked about this topic in the past as well. Once your H1B is approved you have 60 days from starting your H1B to get a job, else your employer has to start your payroll or you will be out of status. Sorry to say this but "reality bites".

GoodLuck with everything bud.....

Thankx the_dude 

I heard that if your H1B is approved and you are not paid for a single day after Oct 1 except you had very good reason, then you would be out-of-status.

So, since My H1B is approved I cannot be in OPT from October 1 right???

And also about the payroll, do you guys have any idea what is the minimum amount to be run????

I am sorry I could not find the previous discussion about this OPT and H1 case. If anybody finds the thread then please post that thread too.

Any Law Expert,

My fren told me that you can transfer your H1b to other company without any pay stubs before the consultancy runs your pay roll.

Is that true?

amitraja,

Answer to your question is yes. Funny thing is you don't even need a copy of your H1-B approval or anything, just your case #. However, game is different after Oct 01.

Mayakobarima, the minimum salary used to be $44000, i don't know if that has changed down the line.

Hope this helps.

GoodLuck to you guys.

My friend had a similar situation and has been told by his lawyer that the Immigration law doesn't precisely states that you have to find a job within certain period of time after you start your H1B. Therefore, there are cases where people have got H1B and have started the project after few months. He was told by his lawyer that he will be fine for 3-4 month. He was also been told that if he wants to transfer his H1B to different company, he needs 2 week pay stub from A company before he can transfer to B company. Not sure about transferring before Oct 1 though.

Also, I have question: Can you continue to work on your OPT (expires on Feb. 09) even though your H1B starts from Oct. If no, then how risky is it, if you continues to work on your OPT? Any suggestion will be appreciated as one of my friend is working on his OPT for a company but is unable to get his H1B transfer to that company( due to company internal compliance policy) and wants to work with that company until he finds another job with the company that sponsored his H1B.