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Need Help!! Possible OPT violation due to employer..Will there be problems in H1 app?

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  • Need Help!! Possible OPT violation due to employer..Will there be problems in H1 app?

    I am currently in OPT 24-month ext,started my OPT in 2016 and started working for a consulting firm, I was working at a client location and all of a sudden client shutdown the project in Oct-2017, and my consultant said he will try to find another project for me, there was no update from my consultant for 5-6 weeks (no pay during this time), so I started job search and got new job offers by Nov, since I have to report employment change to my university I informed my consultant and asked for experience letter and I-983 sign-off, my consultant provided a experience letter only till the date the client project was ON, I started my new job on Jan-2018 and I don't have pay stubs or experience letter for the period between Oct-Dec 2017. My current employer is filing H1,

    Will there be a problem during change of status from F1->H1?

    If COS is declined citing OPT violation then what are the consequences?Can I continue work in OPT?

    Is choosing consular processing in H1 better for me than COS?

  • #2
    Originally posted by robiniz View Post
    I am currently in OPT 24-month ext,started my OPT in 2016 and started working for a consulting firm, I was working at a client location and all of a sudden client shutdown the project in Oct-2017, and my consultant said he will try to find another project for me, there was no update from my consultant for 5-6 weeks (no pay during this time), so I started job search and got new job offers by Nov, since I have to report employment change to my university I informed my consultant and asked for experience letter and I-983 sign-off, my consultant provided a experience letter only till the date the client project was ON, I started my new job on Jan-2018 and I don't have pay stubs or experience letter for the period between Oct-Dec 2017. My current employer is filing H1,

    Will there be a problem during change of status from F1->H1?

    If COS is declined citing OPT violation then what are the consequences?Can I continue work in OPT?

    Is choosing consular processing in H1 better for me than COS?
    I would recommend that you talk to your consultant about getting the pay stubs and experience letter for the gap, if that does not work, you can always just be very upfront and honest about the situation when you have your interview with the VO. Either way you choose Best of Luck to you.
    This is strictly an opinion and should not be misconstrued as legal advice. The use of this information is strictly at your own risk.

    -Krypton9591

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