Can I get paid for hours worked while under and F1 student visa after my H1B gets approved?

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Can I get paid for hours worked while under and F1 student visa after my H1B gets approved?

I worked for a company without getting paid for 4 months. During this time I held an F1 student visa and the company did not issue any payments to myself. When my H1B visa got approved, the company issued payments for the hours I put in during the past 4 months. I am wondering if this is illegal and if I will end up having trouble when I apply for my green card?

Asked on September 27, 2011 under Immigration Law, Florida

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Typically, you are not supposed to be doing any type of work that results in payment or promise of payment at a time when you are not authorized for employment in the US.  However, in some circumstances, it is possible to get paid once one is authorized for employment when it is considered a type of sign-on bonus.  That could be your situation, I suppose.  As far as the green card process in the future, there should be no negative impact on that from the unauthorized employment as long as there is no evidence of income to your social security number posting at a time when you were not authorized for employment.


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