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F1-OPT Status issue

Buffalo, NY |

I am currently on F1 status . I was initially working as a consultant for a consulting firm and had filed for OPT STEM extension through them [OPT Stem Extension End Date: Dec, 2013]. I got a full-time offer from another company and joined the firm in November 2012. The company has promised to file for my H1-B in premium processing. Initially, I was informed that the company was e-verified. But, I recently came to know that the company is not-verified. [I work for the parent company and only the 3 subsidiary companies are e-verified].

Please advise me what are my options to obtain H1-B visa and will it be fine if the company now gets enrolled in e-verify program and updates my information through e-verify system. Also, Am I currently out of status due to this issue.

Attorney Answers 3


Talk to the immigration lawyer working with the parent company.

Meet with the immigration lawyer working with the parent company.

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.

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So if you have not applied for an H-1B yet, I'm assuming your going to apply FY 2014, then you still have you maintain your OPT STEM Extension and EAD to remain in status. If the company neglected to register for E-verify thats beyond your control although its a STEM extension requirement. Have them register now, albeit it belatedly. I think its going to be an up hill battle for ICE through SEVIS now to argue you are out of status or USCIS later down the line. Therefore, just focus on the April 1, 2013 H-1B application.

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I agree with my colleagues.

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