Working on non E-verify company during OPT extension period. Will it create problem if my company file for H1B this year?
Right now I am in F-1 visa. I finished Master in Dec 2008. My OPT started from the Jan 2009. Around October 2009, I applied for my OPT extension and i was approved(Now my OPT is valid till June 2011). During that time i was working with company which is E-Verified. Now my question is, Can I now changed my employer which is not E-Verify?
I got a good offer from this non E-Verify company. If they file for the my H1B this year, will it create problem cause i am not working with E-Verify company?
Thank you so much
1 attorney answer
Since your OPT extension requires you to continue working for the E-Verify employer, you would need to continue working there until October 1, 2010, which is when the new employer's H-1B petition and your change of status from F-1 to H-1B would become effective. You cannot work for another employer on your OPT, since your I-20 is annotated specifically for the current E-verify employer. Other than that, I do not see a problem with doing the petition and the change of status. Since you will be subject to the H-1B cap, it will be important for the new employer to file the I-129 H-1B petition on or as close to April 1, 2010 as possible. Since applying for an H-1B can be time consuming and complicated, your prospective employer and you should retain an experienced immigration attorney.
Scott D. Pollock
Scott D. Pollock & Associates, P.C.
105 W. Madison, Suite 2200
Chicago, IL 60602
(312) 444-1940
fax: (312) 444-1950
e-mail: [email protected]
internet: www.lawfirm1.com
Please visit our renovated website at www.lawfirm1.com, which allows client access to case status, enhanced information on services, and other convenient features.
Sponsored Listings
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