Working while Fresh H1B application pending #@$% ??


Registered Users (C)
Hi all,

I may land up in this weird situation.

curretly : I am on F1 OPT stem extension ; Expiry MID Dec 2012
H1B filing date : June 2012
H1B application Status : RFE review, application pending with USCIS.

Eagerly waiting for H1B approval and COS.

Question 1:

Is it possible to work when my fresh H1B application with COS from F1 OPT is still pending with the USCIS and my OPT has expired ??

I don't think I can work if my OPT has expired. This is what my DSO wrote to me.

I will /can work as long as F1 OPT is vaild. Once my OPT expires, I stop working ( out of pay roll of comapny XYZ ) but can remain in US till the day I hear a decision from USCIS and after that I have 60 days to leave in case of denial. If my COS is approved, I can continue to stay and work !!!

However, as my H1B has been applied by a desi consulting company, the HR there told me that I will be made to attend the work at client site even after the date of my valid OPT expiry and while my H1 case is still pending with
USCIS :mad:

She said she has a workaround and will pay me in Indian rupees and I work for the same company India office but my work location is US !!!


Question 2:

Has anyone heard or done this kind of a Workaround / Is this LEGAL and Possible at all ??

Your valuable input and guidance will be greatly appreciated !!!


Is this SO CALLED work around possible at all ?? I have not seen or heard of such a thing