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Unpaid job for 1 month during OPT

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  • Unpaid job for 1 month during OPT

    Hello,
    I was employed for a large bank when started my OPT. Then i left the job and took a month break to focus on putting together a business plan for a company that i am starting with a friend. I registered the company as an LLC and got the Tax ID number. But out of this month, 10 days fall outside of the 90 day unemployment period that is allowed during OPT. The company is registeredd as an LLC, got tax id number and i have a offer letter from the friend who is the CEO and i was hired unpaid as the CFO to put together the business plan as I graduated in finance. I updated the SEVIS as well through my University. So to recap this, i started opt and found a job in a large bank 1 month after OPT started, then left the bank and worked on the business plan for a month (10 days fall over 90 days unemployment) and thene started working for large company which is all fine is paid and everything (i currently still work for them).

    My concern is for the month (because of the 10 days over 90) that i worked unpaid for my startup which is still being put together and not launched yet. When the company i work for applies for my H1B, will that month of unpaid on a startup that is not launched yet (keep in mind is registered as an LLC and got tax ID number but is not e-verified) will it become an issue?

    PS: i graduated from a reputable university, and before i made this move i consulted with them and they said it should not be a problem and i am good to do it but I am worried and would like to have your opinions based on experience/knowledge.

    Thanks
    Last edited by misterlarock; 12-24-2013, 01:33 PM.

  • #2
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    • #3
      Your message was posted as anonymous on Facebook wall.


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      • #4
        If you are owner or any major share holder of.that.comoany then you may have problem with u r h1 .. bcoz of employer employee relationship clause..and another problem might be is “ability to pay you“ .
        for opt you may have prob with 90 day unemployment ..

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        • #5
          I belive the status says that H1B will be sponsored from the new company he works for not from the startup. The only issue seems to be the 10days of unemployment that he worked unpaid.

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          • #6
            When you are in OPT you are not allowed to start a firm...To start a firm you should have GC. Lets wait for the RFE then we can check later

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            • #7
              hmm for h1 unemployment on opt is not a problem ..

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              • #8
                i am sorry i did not see that u are working for other company .. u dont have any problem if they sponsor ur h1 .. remember you can not work for start up after u converted to h1 .. ( you could work for multiple companies on h1 if they all have valid 797 got for you )

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                • #9
                  any way thanks for correcting me i did not see that he is working for other company ..

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                  • #10
                    Thats incorrect, you can have any type of employment. Self employment is allowed on OPT. Once on H1, you cannot start a company.

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                    • #11
                      Does that nean tha opt unemployement only effects opt extension application? And h1b application is unaffected?..thanks for all your replies

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