My company is going to file H1 for me.
My boss wanted me to continue working though my OPT has expired and I am in the payroll.
Will it affect my application process? Do they do applicant’s current background check when processing H1?
I have been maintaining my F1 status though.

Legally as soon as the OPT expires U cannot work at all. Infact, u have to leave the country within the grace period or change ur status with INS. I beleive you are in one of those situation where u have couple of months gap between OPT expiration and H1B start (oct1st earliest if u file it for this year).

What most do is that as soon as OPT expires, obtain an I-20 and change the status back to F1 so that u can stay in US legally. IF you can obtain CPT for summer then u can work fulltime under CPT.

I am not sure but i think u will have to do Change of Status (from OPT to F1) with INS and may be send the info for H1B as well. I dont know how this exactly works but i am trying to do the same thing and looking for colleges to enroll during summer. Let me knwo if anyone else knows any details abt this.

I am enrolled in a college and I do have current I20. Status in not my concern.

My concern is I am working though I am not legally allowed to work. And that's the reason I want to know whether USCIS does the background check on all H1 applicant.

And the college I go to doesnot issue CPT.

If you are on payroll even after your OPT expires and the same company is filing your H1, you will be approve for H1 but you have to go back to Nepal to get the Visa. My advice for you is to avoid this situation and explain your boss, coz he may be in trouble as well.

Jonny is correct. WIthout CPT or OPT (any valid Work permit), you are not working legally. USCIS will definately want to know what u r doing after the OPT expires. I dont know how the process goes.. but i would suggest to be on safe side.

"My concern is I am working though I am not legally allowed to work."
Bro, you know you are not legally allowed to work then why are you working illegally......concern is not only on H1B background, it might have greater impact.....दशा बाजा बजाएर आउदैन।

Dear Spiderman
I just wanted some thoughts regarding the situation from sajha-basi. Thanks for everyone who replied.

Well illegally kaam nagareko bhaye ta uuhile nai orchestra bajayera daasa authiyo ni ta

Bulls & Bears ask your boss not to put you inn payroll during that time, if possible. They can give the amount as sign in bonus (small companies do help by doing so.. ). You can work as being a volunteer. This is not a legal advice though.

Can anyone let me know if there is a good consultancy to go to for work during OPT in technical field.

Thank You in advance

dear Bulls & Bears
"Well illegally kaam nagareko bhaye ta uuhile nai orchestra bajayera daasa authiyo ni ta"
तिमिले यहि उत्तर् दिन्छौ भन्ने मलाइ थाहा थियो। त्यो illegal काम् र यसमा त आकाश् पातल् फरक् छ नि। यसमा तिमि ले tax (get pay check) तिर्छौ तेस्मा cash लिन्छौ कि कशो। Illegal काम् कस्ले पो गर्दैन र, म पनि त उहि खेत् को मुला न हु।

If you are working Illigelly then it would probably affect ur GC filing later on too.

Other option is tell ur boss to pay u cash and not to use ur social number

saandhe ra bhalu ji,
meropremle diyeko sallaah bahut ramro chha tara tapainko emplyerle namaanna sakchha. mero ek saathiko pani tehi situation thiyo, usle nepal gayera kei time bitaayo and h1 approve bhayepachhi visa payo. tapain pani tehi garilinus.