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  1. #1
    Join Date
    Mar 2008
    Posts
    7

    Wink Working on OPT While on H1B

    Hello Sir/Ma'am,

    I have a question for which i need your expert advise asap. Please help me out. Please read the following as it would help you understand the situation well.


    I came to usa on F-1 student's visa and while studying, i started working in a company as an intern. That company hired me for full-time position after i graduated and also filled for my H1 B visa. My H-1 B starts from October 2008 and OPT ends in February 2009. I have stopped working in that company few months back as that company currently doesnt have any work available.

    I have my H-1 B with company A which starts from October this year and I also have OPT period untill february 2009. Legally, i can work in both conditions.


    Now, my question is:
    1) But as my 'company A' doesn't have any work as of now, could i work for a 'company B' on contract basis untill february 2009 (on my OPT) without transferring my H-1 B visa to 'company B'?

    2) Does H-1 B visa overwrite the OPT status?

    3) If answer to Question 1 is 'No', then could i just wait for my 'company A' to have some work for me available? could i continue on bench without working even if my H1 status has started?

    Any help will be appreciated.

    Thanks and Regards,

    Fellow Human in little trouble...

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Working on OPT While on H1B

    From what you are stating, you lost eligibility for OPT when your H1B became effective.

  3. #3
    Join Date
    Mar 2008
    Posts
    7

    Default Re: Working on OPT While on H1B

    Thanks for the information . Can you please tell me what should i do if:
    I am currently on H1B with the company A but the company doesn't have any work as of now and thus i am not on any payroll. Company B is finding any projects for me but till then they won't transfer my H1 visa.

    1) Am i out of status if i am not payroll of my H1B employer?

    2) If Yes, What should i do or what options do i have in this situation?

    Please reply asap. Thanks for the efforts.

    Regards.

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