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E-verify through parent company

Hi. I'm currently on F-1 OPT. I got an offer from another company. I asked them if they are on e-verify, to make sure we are able to extend my opt because my degree is STEM. They are not everified but their parent company is. Is there any way we can make this work? Maybe, if they include me in the payroll of the parent company? Any suggestions? They will ask their attorney but I'd like a second opinion. Thanks.

Immigration Student visas F-1 visa for students International student employment Employment Foreign and immigrant workers
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Asked in New York, NY | Sep 21, 2014 | 3 answers
Answer
Seth Robert Leech
Seth Robert Leech
Immigration Attorney in Albany, NY
4.8823529411765 stars
17 reviews
Rating: 8.9
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View Phone Number (518) 487-7600
View Number (518) 487-7600
Message View Profile
Posted on Sep 22, 2014

If you become an employee of the parent company, this would solve the problem. Otherwise, the company would have to become everify.

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Answer
Carl Michael Shusterman
Carl Michael Shusterman
Immigration Attorney in Los Angeles, CA
4.8997821350763 stars
459 reviews
Rating: 10
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View Phone Number (310) 792-7063
View Number (310) 792-7063
Message View Profile
Posted on Sep 22, 2014

Unless you join the parent company, you are not eligible for the OPT STEM extension.

Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Helpful (0) Helpful (0) Comments (2) 2 lawyers agree

Asker

Posted on Sep 22, 2014

Thanks for your answer! So, if I'm hired via the parent company and I'm in their payroll, but working at the subsidiary, then it would work. Am I right?

Ashkan Emami

Ashkan Emami

Immigration Attorney
Posted on Sep 22, 2014

Yes

Answer
F. J. Capriotti III
F. J. Capriotti III
Immigration Attorney in Portland, OR
4.5762711864407 stars
118 reviews
Rating: 9.3
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View Phone Number (503) 803-0055
View Number (503) 803-0055
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Posted on Sep 21, 2014

You should come to us for a 2nd opinion AFTER you've heard from the company lawyer. He/she knows the company policy better than we ever will.

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.

Helpful (0) Helpful (0) Comments (4) 2 lawyers agree

Asker

Posted on Sep 21, 2014

I'm just trying to get all the information I need as soon as possible.

F. J. Capriotti III

F. J. Capriotti III

Immigration Attorney in Minnetonka, MN
Posted on Sep 21, 2014

I understand what you're trying to do .... it is just that I feel the need to point out that you're going about things in a backward fashion. Company policy will probably override anything we could say. Or, if the company policy permits it, then you can verify with us what the 'immigration lawyer with more facts' tells you. We're operating in the 'dark' and you haven't given us much information ... although I'm sure that you probably think you did ... you didn't. I wish you well.

Asker

Posted on Sep 21, 2014

Thanks. I obviously think I gave enough information, otherwise I'd have provided more information if possible. You could ask me for more information if you want to. But I'm clearly wasting your time. Sorry about that. Thanks for your time.

F. J. Capriotti III

F. J. Capriotti III

Immigration Attorney in Minnetonka, MN
Posted on Sep 22, 2014

Yes, many people who post questions don't know ..... what they don't know. You did not waste our time, you merely thought that your simple statement was sufficient for you to gain an answer ... prior to talking to the really-important-person ... the company's immigration lawyer. The type of facts which need to be explored are: .. is the subsidiary 100% wholly owned by the parent? .. do the companies regularly 'loan' each other employees and maintain them on the original company's payroll? .. etc.

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