I have a situation and i hope the experts here at sajha will be able to help me out.

My OPT ended on August 14th and my H1B is still in process, and will only be effective October 1st. My lawyer told me that i cannot work between that time, but my employer is ready to pay me 'off the payroll' if i work during that time. I have been coming to work since then, but dont know if this is anyways going to affect my visa status. Should i take the risk and keep working? are there any precautions that i should be taking during this time.

I also wanted to take a week off and have a short vacation, but i am afraid to fly, since they might ask for my papers at the airport and as of right now, i do not have any.

any suggestions are gladly welcomed.

Yes better you should work only after 1st Oct. Just stay in USA bcoz you have 2 months grace period to stay in USA after OPT.
Thanks

you can work now and tell your employer pay later after oct. or take vaccation

I am in the same situation except I received my H1 but would only start from Oct 1st. My OPT expired on July 10th, I haven't been working ever since because I didn't want to jeopardize my status JUST IN CASE...My employer offered to pay me after my H1 started, but i declined so ever since I have been unemployed and flying to Nepal on Sept and join again on October.... For 2 months you can only stay here and hang out and get bored out of your mind....

I think best bet is not work during that period just in case.
Does that few weeks worth the pain later?
some of my friends in that situations are going to Nepal in few days and are planning on getting the visa from Nepal.

u better get enrolled in school.
i am sure ur H1 will not be denied but also for 1% got denied then what?
u have to maintain ur F1 status until oct.

thanks for all the replies.

i was just wondering HOW the USCIS will ever find out that i worked during the gap? i am not on the payroll for this gap period, and the employer is willing to give me a seperate 'misc expenses' check after October. so unless they come to 'chapa maring' my office, there is no way the govmt can know, or will they?

i didnt think it was a big deal untill i read all the replies. and that 1% chance of getting rejected is a scary thought. i think its too late to get into a school right now. hope i am not screwed.

keep the suggestions flowing.

bluebus,
if the employer is ready to pay you "off the payroll" then it should be fine (i think). If you want to do that make sure that you really are "off the payroll". u know what i mean? Sometimes employers say that and they pretend they forget and put u in payroll and everything is messed up. If you want to be on the safe side, dotn work in that transition period.

if i were you, and if by not working in that transition period, I would have to carry couple thousand dollars in credit card debt, then i wouldnt mind that.

It is very much legal to work as a "volunteer" if you are still in status. do not take a penny from your employer officially during this time.

i am in your situation and i am working. The INS does not deny you from working. You are on F1 status until the period the OPT expires. So no need to go back to school too. I called INS directly to ensure. Afterall they are people...The I-20 form you have with you is the one that says "you are to work 40 hrs in a related field....."..

To convince you,you are on a better situation than I am, as you poi nt out the employers are not putting you on payroll and in other words paying "cash" . INS will have no trace of it. So no need of that dreaded phonecall that i had to go through..

Cheer up!!!!

P.S> its much easier to file your h1B urself than go through lawyers.

@slash:
they said its a seperate check, but they ARE gonna issue it during the gap period. i was thinking i would cash it only after October. i wouldnt mind not working, but the company i work for is pretty small (only 6 people) and they really do need me to work during that time. they know they cant force me to, so they are offering me a couple of weeks of paid vacation during this time. i too feel bad not working and leaving my boss to do all the stuff by himself. i said i'd volunteer to work a 3-4 days every week, but they wanted to pay me anyways. so....

@hushpuppy
thanks for the 'upliftment'. but the thing is, my OPT is already expired. hehe. and yes, i learned the hard way that you DO NOT require a lawyer for the H1 filing process. paisa matrai khayo mero.