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

Asked almost 2 years ago - 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. Jeffrey Adam Devore

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  2. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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