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
fax: (312) 444-1950
e-mail: [email protected]
Please visit our renovated website at www.lawfirm1.com, which allows client access to case status, enhanced information on services, and other convenient features.