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Can i work on full commission under OPT? Will this be a problem if i apply for H1b visa?

West Palm Beach, FL |

I worked on full commission during my OPT period. The same company is sponsoring me for H1b and willing to offer me a salary after my H1b gets approved. Will it be a problem if i had to show my OPT pay stubs to the embassy when i'm stamping my visa?

Attorney Answers 3


  1. Meet with the company's H-1B lawyer .... it 'might' be OK ... if those paystubs showed substantial commissions. You should also discuss with the lawyer whether or not you had W-2, or 1099 income.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


  2. Can i work on full commission under OPT?
    Ask your DSO.

    Will this be a problem if i apply for H1b visa?
    H-1B requires a salary.

    Your employer needs to retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise them, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. There are no salary requirements for F-1 aliens granted OPT. How to address your H-1B application will depend upon the specific facts of your case. Consult with an experienced immigration attorney for case specific advice.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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