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Problem for H1b when payroll inconsistent while on OPT??

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  • Problem for H1b when payroll inconsistent while on OPT??

    Please help me with the following situation:

    My OPT start date was May 2013 and worked for a employer from June 2013 to May 2014. However, the employer started my payroll from September 2013.

    I had health issues so I resigned from my ex-employer once my STEM OPT got approved and joined a consultancy, to avoid unemployment days during STEM OPT period. The consultancy gave me an offer letter mentioning my designation and salary. I updated my university with the details of the new employer although I am not working.

    So now that I did not have any pay during May 2013- Aug 2013 and during June 2014- Feb 2015, my questions are:

    1) Although, I maintained my status by being employed all through my OPT and STEM OPT period, will it be a problem when I apply for H1b in April 2015 with such inconsistencies in my payroll.

    2) Will this cause any RFE when I apply for H1b?

    3) What can I do to avoid any sort of discrepancies in my file? Can the consultancy be able to run my payroll from June 2014 or what possible explanation can I give for not being consistent in my pay roll. Can I say I was working as a unpaid intern or volunteer.

    4) How may months pay stubs are needed for filing H1b for the first time?

    Please help me.

    Thanks

  • #2
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    • #3
      Originally posted by psiv1707 View Post
      Please help me with the following situation:

      My OPT start date was May 2013 and worked for a employer from June 2013 to May 2014. However, the employer started my payroll from September 2013.

      I had health issues so I resigned from my ex-employer once my STEM OPT got approved and joined a consultancy, to avoid unemployment days during STEM OPT period. The consultancy gave me an offer letter mentioning my designation and salary. I updated my university with the details of the new employer although I am not working.

      So now that I did not have any pay during May 2013- Aug 2013 and during June 2014- Feb 2015, my questions are:

      1) Although, I maintained my status by being employed all through my OPT and STEM OPT period, will it be a problem when I apply for H1b in April 2015 with such inconsistencies in my payroll.

      2) Will this cause any RFE when I apply for H1b?

      3) What can I do to avoid any sort of discrepancies in my file? Can the consultancy be able to run my payroll from June 2014 or what possible explanation can I give for not being consistent in my pay roll. Can I say I was working as a unpaid intern or volunteer.

      4) How may months pay stubs are needed for filing H1b for the first time?

      Please help me.

      Thanks
      From May 2013 to September 2013, if you have been actually working but not getting paid (like an internship), you are still considered employed.
      If from June 2014 to Feb 2015, you are on authorized sick leave but considered “employed” by the current employer, it does not necessarily count towards unemployment.
      You can only do unpaid internships for regular OPT, not STEM OPT.
      You should check this out: http://www.ice.gov/doclib/sevis/pdf/...nce_042010.pdf. This document explains what being employed means in the context of OPT and STEM OPT.
      Generally, you need to be “working” at least 20 hours a week to maintain status. Being “benched” by a consultancy doesn’t mean that you are necessarily employed just because you are signed with them.
      Generally, for an H-1B, they just want to see most recent paystubs and they don’t necessarily look into whether or not you maintained your OPT status other than checking your SEVIS record. Since, however, you were working through a consultancy, it is possible (remotely) that USCIS could request additional evidence you were employed during the entire period.

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