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OPT to H1B

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lewism

Junior Member
1. I am currently in OPT status. I am working from company A. There is a company B that is currently running my pay stubs. Company A and B are sister companies dbw (doing business with).

Company A has filed H1B this year starting October 2015. Can I continue to receive pay stubs from company B while my H1B is with company A?

2. If I get H1B from company A starting October 2015, when is the earliest date I can change the employer?

3. If I do not get selected in H1B lottery, can I file for Green Card from my current employer while I am on OPT?

I am from Nepal and I am in my initial 12 months OPT and can extend extra 17 months OPT
 


t74

Member
Your payroll situation sounds odd; you need to discuss it with your DSO.

You may incur contractual obligations to your sponsoring employer; you really need to plan to fulfill whatever contract you have signed or be prepared to pay damages. Other than that consideration, you can change employers at any time. After Oct 1 is best because having your employer revoke his petition before you are actually in H-1B status creates problems.

While an employer could file for your GC while you are on OPT, you still have to get through PERM which is unlikely unless you are uniquely qualified. Unlike for OPT or H1B, there must be no US workers qualified for and wanting your job. There are many unemployed Americans equally or better qualified than most new grads.

You need to plan to file for OPT extension and gontinue to search for an employer for which you want to work long term.

Remember, a US degree was never a guarantee for a green card. If you are qualified for the diversity visa lottery, you should apply for that.
 

STEPHAN

Senior Member
What state is this?

When you mention the "doing business with" - maybe A and B are legally the same company. Just using a different fictitious name.
 

t74

Member
Do they share an EIN (think of this as a corporate social security number)?

Why would your employing company not be the one paying you? As someone who worked for likely longer than you are old, it sounds suspicious. Is your employer in trouble with the federal government for some reason?
 

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