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Changing Job on OPT while H1-B is approved but not started

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  • Changing Job on OPT while H1-B is approved but not started

    Hi DesiOPT,

    I have few questions about my current job situation and it would be a great help if one you could take sometime in assisting me with my situation.

    I have been working in a start-up company from last one year with OPT as my work authorization. My employer had filed H1-B this year in April 2014, which got approved and will be starting from Oct 1st 2014. But due to some financial losses to the company, my employer has not been able to run my payroll from last couple of months and is not sure if they will be able to do it for next few months. They will pay me as soon as they get enough funds, which is very uncertain right now. Due to unstable financial status of my employer I am not sure if I would be able to continue working there without payroll once my H1 begins. As, I was told that I should have a payroll running from the employer who filed my H1 for at least one month once H1 begins(Oct 1st).

    Here are few questions that are concerning me and wanted to get more info before I start to look for a new employer.

    1) Is it possible change my employer before Oct 1st while being on OPT, though my H1-B was filed by my current employer?

    2) If yes, What steps are required to be taken if I change it before starting my H1-B?

    3) Is it ok to work for current employer after my H1-B starts without pay-roll? (In case I can't find a new employer)

    4) Will this situation ( not getting paid ), will affect future VISA processing, if I decide to apply for Green Card?

    Please feel free to give any suggestions or recommendations.
    Thanks in advance.

  • #2
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    • #3
      I was trying to look for this post on http://www.facebook.com/desiopt1, but couldn't find it.
      Can anyone help with this post?

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      • #4
        Your message was posted as anonymous on Facebook wall- (July 13th)

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        • #5
          1 yes
          2 apply for transfer h1 as soon as possible as u r current h1 is not activated .. if u want transfer before oct 1 then it has to be in approved stage ..ie not withdrawn
          3 not a good idea on h1 u have to have payroll running to avoid problems in future ..
          4 on opt it can be manageable but not on h1 ..

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          • #6
            It can't be a transfer since h1b not have been activated yet.. Instead it will be a change of employer.... Entirely possible .. Go for it..

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