H1b and OPT extension crash

[Rajesh Ramana]

1. My OPT started on June 15 2015 and will be ending on June 14-2016
2. I work for a manufacturing company, they are filing my H1-B for 2016.
3. My company is not E-Verified.

So the complication here is,
1. As OPT ends on June 14 2016, I should be able to send my extension request to USCIS by March 14-2016 (3 months of prior to end date)
2. I won't receive any update of my H1b by then.
3.I don't want to switch my job now (because getting a full time is difficult and they are already filing my H1b)

can I change my employer to some consulting and still my client will be the same (the company I work now). In that case will there be any problem if the employer on H1B is different from the employer on I20 for OPT extension.


Can some one please tell me the best bet I can follow now

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[hariseshan]

I would recommend the following:
1. Ask your current employer to enroll in e-verify. There is no fee, and it's supposed to be relatively quick. This would qualify you to submit an OPT extension request (assuming you have a STEM degree).
2. Send in your OPT extension request once your employer is enrolled in e-verify so that you'll still have work authorization if you don't get selected in the 2016 year's H-1B lottery (it's VERY likely there will be a lottery).
3. I would recommend waiting until after you find out about your H-1B to switch jobs. Although there's no harm in trying to switch now, it's a lot easier to do Steps 1 and 2 instead, in my opinion.
Good luck.

[pri]

As F1 OPT student you can work for 2 or more employers, check uscis website...so work for some everified partime

[Rajesh Ramana]

I would recommend the following:
1. Ask your current employer to enroll in e-verify. There is no fee, and it's supposed to be relatively quick. This would qualify you to submit an OPT extension request (assuming you have a STEM degree).
2. Send in your OPT extension request once your employer is enrolled in e-verify so that you'll still have work authorization if you don't get selected in the 2016 year's H-1B lottery (it's VERY likely there will be a lottery).
3. I would recommend waiting until after you find out about your H-1B to switch jobs. Although there's no harm in trying to switch now, it's a lot easier to do Steps 1 and 2 instead, in my opinion.
Good luck.

Thanx Hari,
The problem is they are not willing to have e-verfied. Any other bet?

[Rajesh Ramana]

I am planning to change my employee.
From full time to consultant, being my client the same and apply to everification through the staffing company.
In case I got my H1B picked, will switch to this employee again else will continue with the staffing company.

[DesiOPT-FaceBook-Fan]

Getting company everified does not take time. An hour or so tops.. Get that done.. You should be fine. As for stem extension, you can send it only after you have less than 3 months left for opt to expire. You really need to read up on the rules in place. The answers are pretty straight forward and so are the solutions.

[DesiOPT-FaceBook-Fan]

I think you will qualify for Stop gap and you can work legally until your H1 is approved when your company files it in April.

Also I believe with OPT EAD you can work for multiple employers. So join a e verified consultancy and apply for OPT extension

[DesiOPT-FaceBook-Fan]

U can apply for opt extension 120 days prior to its expiration from 2016. Also, getting e-verified shouldn' t be a problem.

[DesiOPT-FaceBook-Fan]

uscis need to get your stem application before u r initial opt expiresaplly h1 in premium processing if it is picked you are fine if not then you can apply stem .after knowing the results.you can legally work 180 after your initial opt expires while you ead is under pending

[DesiOPT-FaceBook-Fan]

So it is 4 months prior and not 3 months

[DesiOPT-FaceBook-Fan]

Everify doesnt take a long time...thats a safe option

Yes you can change ur employer on h1 to some consultancy with client as your current company...bt whatever consultancy u choose shud be involved in mechanical projects...if the consultancy is purely IT based, they MAY* have difficulty justifying if there is an RFE

[Rajesh Ramana]

Thanks for your kind reply,
Can I change to consultancy( mechanical stafing company) now,in opt so that I can apply to OPT stem extension while my company will be processing my H1B?
Am I clear?

[Rajesh Ramana]

uscis need to get your stem application before u r initial opt expiresaplly h1 in premium processing if it is picked you are fine if not then you can apply stem .after knowing the results.you can legally work 180 after your initial opt expires while you ead is under pending

Thanks for your reply,
Only your reply seems to be bit encouraging.