I am currently on F1 status under the OPT period. I have been working with a firm under curricular practical training part time (approx 10-20 hours a week) since June 2001 after getting due INS authorization. I have since worked for the last 1.5 years when I was in college.
During this time, I initially worked as an unpaid intern, then moved to being paid on a part time basis and then got a couple of huge paychecks in the middle of my part time training with the company because I had helped them work on a profitable deal. These huge paychecks had no relevance to either the internship stipend or part time pay as it was a share of the profits from the deal I helped work on. It was paid in addition to the part time pay and bundled together with the same paycheck and not differentiated as a separate pay. I should add that this kind of work is highly commission based but also had a meager minimum pay.
I graduated in June 2002,started to work full time and again helped the company cinch another huge deal and got paid another 2 enormous paychecks. The firm is now going to sponsor me for my H1B visa. But they have said that they will do so only for a flexible H1B work visa under which I will have a flexible work period of anywhere from 10-40 hours a week and get paid accordingly for the hours worked as per the approved DOL wage rate for my job. I wanted to ask whether this would be acceptable to INS and if it is would I be able to get my visa stamped at Toronto without eliciting any harsh questions.
IAll my documents are in order and I have a Masters degree from the US and am well qualified for the job which is the same field as my Master’s degree. I also have 3 years experience in my home country in the same job as well as the 1.5 years of part time work experience and last couple of month’s full time in the US. Also, do I have to show my pay stubs and latest W2 form to the Consular officer in Canada? I am concerned about those as they do not accurately reflect the minimum wage that is to be paid for my occupation as I was then an intern with the firm and was paid a minimum maintenance as I was gaining experience with the firm and suddenly my pay ballooned due to my work in landing the deals for the firm. OR is it ok to not submit any pay stubs as this is a new visa status as a flexible time worker on H1B and these previous pay stubs were only for part time intern position and hence would not reflect a correct picture to the Consular officer?
Also I wanted to know whether it is better for me to go back to India to get my H1 stamped where I got my F1 initially to come to the US or to Canada? I have heard stories of people getting rejected in Canada and told to go back to India to get their visa and also at the same time had friends of mine getting their visas stamped with out any hitch in Canada whatsoever?
I would be grateful if you answered my questions. Thank you
During this time, I initially worked as an unpaid intern, then moved to being paid on a part time basis and then got a couple of huge paychecks in the middle of my part time training with the company because I had helped them work on a profitable deal. These huge paychecks had no relevance to either the internship stipend or part time pay as it was a share of the profits from the deal I helped work on. It was paid in addition to the part time pay and bundled together with the same paycheck and not differentiated as a separate pay. I should add that this kind of work is highly commission based but also had a meager minimum pay.
I graduated in June 2002,started to work full time and again helped the company cinch another huge deal and got paid another 2 enormous paychecks. The firm is now going to sponsor me for my H1B visa. But they have said that they will do so only for a flexible H1B work visa under which I will have a flexible work period of anywhere from 10-40 hours a week and get paid accordingly for the hours worked as per the approved DOL wage rate for my job. I wanted to ask whether this would be acceptable to INS and if it is would I be able to get my visa stamped at Toronto without eliciting any harsh questions.
IAll my documents are in order and I have a Masters degree from the US and am well qualified for the job which is the same field as my Master’s degree. I also have 3 years experience in my home country in the same job as well as the 1.5 years of part time work experience and last couple of month’s full time in the US. Also, do I have to show my pay stubs and latest W2 form to the Consular officer in Canada? I am concerned about those as they do not accurately reflect the minimum wage that is to be paid for my occupation as I was then an intern with the firm and was paid a minimum maintenance as I was gaining experience with the firm and suddenly my pay ballooned due to my work in landing the deals for the firm. OR is it ok to not submit any pay stubs as this is a new visa status as a flexible time worker on H1B and these previous pay stubs were only for part time intern position and hence would not reflect a correct picture to the Consular officer?
Also I wanted to know whether it is better for me to go back to India to get my H1 stamped where I got my F1 initially to come to the US or to Canada? I have heard stories of people getting rejected in Canada and told to go back to India to get their visa and also at the same time had friends of mine getting their visas stamped with out any hitch in Canada whatsoever?
I would be grateful if you answered my questions. Thank you