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Is it necessary to be on Payroll while on OPT?

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  • Is it necessary to be on Payroll while on OPT?

    Hi All,

    First of all thanks to DesiOPT for their valuable help.
    Currently I am on OPT and working for a consultancy. The client wants to hire me as a fulltime employee. My current contract position ends this Dec 31st. The last payroll with my consultancy would run on Jan 30'15.
    1. what if I am hired in early Jan'15 then there might be two pay stubs(one with Consultancy and the other with my full time new job) will this be okay while filing H1B?
    2. What if I am hired in Feb'15 and the payroll might run in march. In case there is a RFE to show previous 6 months paystubs, how can I show for the month of Feb when I didn't work?

    I Would really appreciate your help in clarifying my doubt regarding the payroll processing.
    Thanks.

  • #2
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    http://www.desiopt.com/index.php?show_emp=1213
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    • #3
      Your message was posted as anonymous on Facebook wall- (Dec 18th)

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      • #4
        Originally posted by sobi View Post
        Hi All,

        First of all thanks to DesiOPT for their valuable help.
        Currently I am on OPT and working for a consultancy. The client wants to hire me as a fulltime employee. My current contract position ends this Dec 31st. The last payroll with my consultancy would run on Jan 30'15.
        1. what if I am hired in early Jan'15 then there might be two pay stubs(one with Consultancy and the other with my full time new job) will this be okay while filing H1B?
        2. What if I am hired in Feb'15 and the payroll might run in march. In case there is a RFE to show previous 6 months paystubs, how can I show for the month of Feb when I didn't work?

        I Would really appreciate your help in clarifying my doubt regarding the payroll processing.
        Thanks.
        1. Why would there be a problem? There should be no problem.
        2. The payroll is “run” from the first day you start working. It’s just that the pay date will not be until 4 weeks after you start, and it is normal procedure for many companies. So, if for some reason, USCIS requests pay stubs for the 6-month period, you or your attorney would submit an explanation that you began working in February but didn’t get your first pay check until March.

        Comment


        • #5
          Hi .. I am on opt and my opt started feb 10th 2014.i started working and had my payroll running from feb 18th .unfortunately I reported my employer and client information to my college DSO on March 31st( 43 days after my payroll started)
          I came to know that there is a rule to update the employer information within 90 days of the opt start date & I did do it ..
          Now I applied for opt extension and I am worried about this case as my payroll was running before even I updated my employer information to my university .. Can you please let me know if this is going to be a problem for me or not ? Thank you

          Comment


          • #6
            Originally posted by sobi View Post
            Hi All,

            First of all thanks to DesiOPT for their valuable help.
            Currently I am on OPT and working for a consultancy. The client wants to hire me as a fulltime employee. My current contract position ends this Dec 31st. The last payroll with my consultancy would run on Jan 30'15.
            1. what if I am hired in early Jan'15 then there might be two pay stubs(one with Consultancy and the other with my full time new job) will this be okay while filing H1B?
            2. What if I am hired in Feb'15 and the payroll might run in march. In case there is a RFE to show previous 6 months paystubs, how can I show for the month of Feb when I didn't work?

            I Would really appreciate your help in clarifying my doubt regarding the payroll processing.
            Thanks.
            It shouldn’t be a problem.

            Comment


            • #7
              1 not a prob
              2 hmm on opt u can have 90 days unemployment ..

              Comment


              • #8
                On paystubs normally payroll dates will be mentioned ! So you can differentiate the paystubs based on the payroll dates !
                2. less than 90 days unemployment is not a problem!

                Comment


                • #9
                  What if u r unemployed/on bench with consultant and u have reported to USCIS that u employed with consultant firm. And later u find full time job within 90 days.(independent of consultant) Do u report on bench time with consultant without paystubs while applying for opt extension or H1. If not wont they have this reporting in their system?

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