Skip to main content

Can I work for one E-verified and one non-e-verified employers in my OPT extension?

Chicago, IL |

I got my OPT extended when I was working for an e-verified employer. Now I got a new job and I am working for both my new (35 hours) old company (10 hours a week). The new employer is a University so I thought I am pretty much safe but they are not e-verified. The university is also willing to do my H1B. Please advise about what should I do.

Thanks,
VJ

Attorney Answers 4

Posted

Not enough information; the answer may require review of your documents or more specifics. If you specifically got a 17-month STEM OPT extension, then it does not cover work for an employer that is not enrolled in E-Verify, but if that employer is an accredited non-profit university then they may file a cap-exempt H-1B petition for you. For more specifics, you need to consult with an attorney.

This is general information only. It is not intended as a substitute for legal advice, and does not create an attorney-client relationship.

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Thanks for your response. What if my employer files cap-exempt H-1B petition for me as soon as possible? Is it okay to keep working after my h1b is filed?

Posted

You should have ascertained what you needed to do before you started to work for the second employer.

The law requires that to apply for the extension, the employer must be an E-Verify Employer. There are also a requirement for certain changes (address, name, employer name, etc.) that need to be reported to the student's DSO within 10 days.

You should contact the DSO office immediately.

Law Office of Marc Taylor, Esq. PC, www.usavisanow.com, 888-645-6272, info@usavisanow.com , 224 W. 4th Street, Suite 200, New York, NY 10014 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.

Mark as helpful

1 found this helpful

1 lawyer agrees

1 comment

Asker

Posted

Thanks for your comments. What if the employer gets enrolled in e-verify now? Is that okay?

Posted

While on OPT STEM you must work only for E-verified employers. If the university would like to sponsor an H-1b, then you need to speak with them.

The information you obtain in this response is for general knowledge. You should consult an attorney for advice regarding your individual situation. I invite you to contact me and welcome your calls, letters and electronic mail. Contacting me, nor my responding to the question, creates an attorney-client relationship. Please do not send any confidential information to me until such time as an attorney-client relationship has been established.

Mark as helpful

1 found this helpful

1 lawyer agrees

Posted

If this is an OPT extension for STEM, the employer must be e-verified.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Mark as helpful

1 found this helpful

1 lawyer agrees

Education law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics