OPT to H1B one month gap

[deep1211]

What is the name of your state? New York

OPT expires August 20th, H1B begins October 1st.

If my company pays me for that time, should I accept it or should I inform them not to pay me? is the onus on me or the company and does this question come up when i go to get my H1B stamped in my home country?
thanks in advance.

 

[ImmigAttyLana]

You are not supposed to be paid while you have to work authorization. The company can pay you for that time before your OPT expires or once your H-1B starts in October but you should be off payroll in the interim.

 

[235301]

Employer

I have a similar situation here with a potential employee. OPT expires 8/31 and H1-B doesn't start until 10/1. What options do I have for the employee to work during that gap? Can they work and say be paid a bonus later on for that work or are they simply out of luck, cannot work in any way between 9/1 and 10/1? I know they cannot receive pay stubs between 9/1 and 10/1. I also interestingly saw on the govs site that they can be paid signing bonuses during the gap period. Is this another way around the gap issue? Or is it a situation where under no circumstances whatsoever can that employee work during the gap period?

 

[ImmigAttyLana]

You CANNOT work legally during that time. Moreover, make sure that your H-1B is approved as a change of status because of that gap (with a new I-94) or for consular processing. If it is for the latter, you would need to depart the US and get a valid H-1B visa before you can reenter the US and be in valid H-1B status.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.